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What Exactly is a Violation of Community Control

When you hear the phrase "violation of community control", what does that sound like to you? Doesn't sound too serious, right? Unfortunately it is quite dire.

Community control is a sentence in the same way as jail is a sentence. Community control basically means house arrest. Community control is used as an alternative to prison in some felony criminal cases. The sentence can be coupled with a sentence of probation, after the incarceration is completed. In the state of Florida, a conviction must specify the terms and conditions of the community based sanctions imposed in the community control plan.

Don't be fooled into thinking this is only a slap on the wrist. Community control is a very severe form of punishment. Yes, the person is permitted to live in their home, which sounds pleasant, but they cannot leave their home. Only for a few limited and specific purposes, will they be granted access to leave. And both federal criminal law and Florida criminal law specifically include community control as a post conviction sentence. 

So what can your defense attorney do for you if you are in this situation? While the charges are pending, your lawyer can file a bond motion to get you released pending the hearing on the community control violation. Then it's time to conduct an independent investigation. This means examining police reports and interviewing witnesses to find out if the violation was willful or perhaps you had a reasonable excuse for failing to report to the probation officer. Something as simply changing residences without approval, can land you in trouble.

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