When you’re served with a lawsuit (or a petition for divorced or to establish paternity), your first instinct might be to ignore it, delay responding, or try to handle it on your own. But a recent decision from Florida’s Fifth District Court of Appeal—Ogden v. DiFelice, Case No. 5D2024-2303—demonstrates why hiring a qualified attorney immediately is not just a good idea—it may be the key to protecting your rights and avoiding irreversible consequences.

Case Summary: Ogden v. DiFelice

In this case, homeowners Alfred and Sharon DiFelice hired Charles Ogden, doing business as East Coast Countertops & All Wood Cabinets, to renovate their kitchen. When the work was allegedly done poorly—using the wrong countertop material and performing substandard installation—they filed suit in small claims court.

Initially, Ogden challenged the case by arguing that the plaintiffs sued the wrong party. The court allowed the DiFelices to amend their complaint, after which Ogden admitted several critical facts, including that he entered into the contract, received payment, and completed the installation. The case proceeded to trial, and the court entered judgment against Ogden for nearly $13,000.

It wasn’t until months later—after judgment was entered and a new attorney was brought in—that Ogden tried to undo the damage. He filed a motion under Florida Rule of Civil Procedure 1.540(b), arguing that the judgment was void because he was not the proper party. But by then, it was too late. The trial court rejected the argument, and the Fifth DCA affirmed, noting that Ogden had fully participated in the case and never properly raised his objections before trial.

Key Legal Lessons

1. Admitting Allegations Can Lock You In

Ogden’s answer to the amended complaint admitted core facts about the contract and work performed. These admissions were used against him at trial. Once made, such admissions are difficult—if not impossible—to walk back.

2. Objections Must Be Raised Promptly

Even if Ogden had a valid defense about not being the proper party, he failed to assert that defense in a timely manner. The court emphasized that participation in a trial without timely objections waives the ability to later challenge jurisdiction or party identity.

3. Post-Judgment Relief Is Narrow

Florida Rule 1.540(b) offers limited opportunities to set aside a final judgment. Courts are highly reluctant to reopen cases unless there is clear evidence of fraud, mistake, or lack of jurisdiction. Tactical errors or strategic missteps usually won’t suffice.

Why You Need an Attorney Early in the Case

This case illustrates how decisions made in the opening weeks of a lawsuit can shape—or sink—your defense. An experienced attorney knows how to:

• Analyze and challenge improper parties or service of process;
• Identify legal defenses that can be raised in a motion to dismiss;
• Avoid harmful admissions in pleadings or discovery;
• Preserve appellate rights and prevent waivers of key arguments;
• Steer your case toward a favorable resolution before trial.

If Ogden had retained competent legal counsel from the outset, the outcome might have been very different.

Don’t Wait to Get Help — Call The Bonderud Law Firm

If you’ve been sued in Florida—whether in small claims, circuit court, or federal court—don’t delay. The clock starts ticking the moment you’re served, and early legal missteps can permanently affect your rights.

At The Bonderud Law Firm, we represent individuals and businesses across Florida in civil, family, and criminal litigation. We’ll evaluate your case, protect your rights, and help you make the right moves from day one.

Contact us today at www.BonderudLaw.com or call (904) 438-8082 to schedule a consultation.

In a recent decision, the Florida Fifth District Court of Appeal reversed a trial court’s issuance of a dating violence injunction, highlighting the critical importance of due process and the need for competent, substantial evidence when seeking such protective orders.​

Case Overview: Adams v. Cox, Case No. 5D2023-1821

Michael Adams appealed a final injunction for protection against dating violence entered in favor of his former girlfriend, Casey L. Cox. Cox alleged two past incidents of violence and claimed she received harassing calls and texts from unknown numbers, which she suspected were initiated by Adams. However, she admitted uncertainty about the caller’s identity and did not present the actual messages as evidence.​

At the evidentiary hearing, both parties represented themselves. Adams attempted to introduce documentary evidence to refute Cox’s claims, but the trial court declined to admit these documents, focusing instead on verbal testimony. The court ultimately granted the injunction, citing past violence and the need to “legally separate” the parties.​

Appellate Court’s Findings

The Fifth DCA reversed the injunction, concluding that:​

• Insufficient Evidence of Imminent Danger: While past violence was established, Cox failed to provide competent, substantial evidence of a reasonable fear of imminent future violence, a requirement under Florida Statute § 784.046(2)(b).​
• Denial of Due Process: Adams was not afforded a full and fair hearing, as the trial court refused to admit his documentary evidence and limited his ability to present a defense.​

The appellate court emphasized that the trial court’s actions deprived Adams of due process and that the injunction was not supported by the necessary legal standards.​

Key Takeaways

• Importance of Evidence: Petitioners must provide clear, competent evidence of both past violence and a reasonable fear of imminent future violence to obtain an injunction.​
• Due Process Rights: Respondents are entitled to a fair hearing, including the opportunity to present evidence and call witnesses in their defense.​
• Judicial Impartiality: Courts must remain neutral arbiters and avoid stepping into the role of advocate for either party.​

Why Legal Representation Matters

This case underscores the complexities involved in injunction proceedings and the potential consequences of navigating the legal system without experienced counsel. At The Bonderud Law Firm, our team of seasoned attorneys—including former prosecutors and military officers—brings decades of combined experience to the table. We are committed to protecting our clients’ rights and ensuring that justice is served.​

If you are facing an injunction proceeding or need assistance with a related legal matter, contact The Bonderud Law Firm today for a confidential consultation.

If you’ve been injured in a car accident in Florida, you’re likely overwhelmed — dealing with pain, car damage, medical bills, time off work, and a stream of calls from insurance companies. You may even have received a settlement offer for a few hundred dollars.

Don’t take it.
Don’t sign anything.
Call our office first.

At The Bonderud Law Firm, we help injured Floridians get the medical treatment they need and the full compensation they’re entitled to — not just what the insurance company wants to offer. Here’s what to do after an accident, what insurance coverages come into play, and how we guide you through every step of your personal injury claim.

Step 1: Get Medical Attention Immediately

Your health comes first. Even if you feel “okay,” some injuries (like soft tissue damage, concussions, or internal bleeding) may not be obvious right away.

• Go to the ER or urgent care
• Follow up with a doctor who understands accident-related injuries
• Keep detailed records of every visit, test, and recommendation

Step 2: Understand Your Insurance Coverage

Florida’s auto insurance laws are complex. Here’s a breakdown of the key coverages that may apply:

✅ PIP – Personal Injury Protection (Mandatory)

• Covers up to $10,000 of your medical bills and lost wages
• Applies regardless of fault
• Must seek treatment within 14 days of the crash
• Pays 80% of medical costs and 60% of lost wages

✅ Bodily Injury (BI) Liability

• Covers injuries you caused to someone else
• Not required under Florida law — many drivers do not carry BI coverage
• If the at-fault driver does have BI coverage, you can file a claim against it for damages beyond your PIP

✅ UM/UIM – Uninsured/Underinsured Motorist Coverage

• Covers you when the at-fault driver has no insurance or not enough
• Covers medical expenses, lost income, and pain and suffering
• This coverage is optional — but vital in a state where many drivers are uninsured
• If you have it, we’ll help you file a claim with your own insurer — and yes, they will fight you like an opposing party

✅ Property Damage Liability (PDL)

• Covers repairs to your car — if the other driver caused the accident
• If the other driver is uninsured, your collision coverage (if purchased) may apply

Step 3: Avoid These Common Mistakes

🚫 Don’t talk to the insurance adjuster without a lawyer
🚫 Don’t give a recorded statement
🚫 Don’t accept a quick settlement offer — even if it’s “urgent”
🚫 Don’t delay getting medical care — it can hurt your case and your health

Insurance companies often offer a few hundred dollars right after a crash, hoping you’ll accept before the full extent of your injuries is known.

Don’t do it.

Step 4: Call The Bonderud Law Firm Immediately

When you hire us, we:

✅ Coordinate your medical treatment with trusted providers
✅ Handle all communications with insurance companies
✅ Identify all available coverage — even when it’s hidden
✅ Build a strong case using medical records, police reports, crash data, and expert opinions
✅ Fight for the maximum possible settlement — or take your case to court if needed

We don’t let our clients settle for less. We don’t let insurance companies dictate the value of your pain. And we never treat you like a number.

Injured in a Crash? Let’s Take Care of It — Together.

If you or a loved one has been injured in a car accident, you have one job: Focus on getting better.
We’ll take care of the rest.

Call The Bonderud Law Firm now.
We’ll guide you through the process, ensure you get the treatment you need, and fight for the compensation you deserve.

If you or a loved one has been arrested on federal charges, one of the first — and most critical — court appearances is the detention hearing. In many cases, this hearing determines whether you’ll be released before trial or remain behind bars for weeks, months, or even longer.

At The Bonderud Law Firm, we represent clients in high-stakes federal criminal cases throughout the Southern, Middle, and Northern Districts of Florida. Our team includes former prosecutors and military officers with decades of courtroom experience — and we understand what it takes to win a detention hearing.

Here’s what you need to know about pretrial detention in federal court, and why it’s essential to act fast and hire the right attorney.

What Is a Detention Hearing?

A detention hearing is a court proceeding where a federal magistrate judge decides whether a defendant should:

✅ Be released pending trial
❌ Be held in custody because they are a flight risk or a danger to the community

Unlike in state court, pretrial release in federal court is not automatic. In fact, detention is common in many types of cases — particularly drug, firearms, fraud, and immigration offenses.

When Does the Detention Hearing Happen?

Under Rule 5.1 of the Federal Rules of Criminal Procedure:

• A detention hearing is usually held within 3 to 5 days of the initial appearance, unless the defense requests more time to prepare.
• The defendant remains in custody until the hearing unless the judge orders release.

This early window is crucial — and the defense must act quickly to build a strong case for release.

What Does the Judge Consider?

Federal judges weigh two main factors:

1. Risk of flight
   • Will the defendant appear for future court dates?
   • Does the person have strong community ties, a stable job, or family nearby?
2. Danger to the community
   • Is the defendant accused of a violent or serious crime?
   • Do they have a history of threats, weapons offenses, or drug trafficking?

Judges may also consider:

• Prior criminal history
• Substance abuse or mental health issues
• Immigration status
• Strength of the government’s case
• Availability of conditions that might reasonably assure safety and appearance

What Happens at the Hearing?

• The government may seek detention by filing a motion.
• The defense presents arguments and evidence in favor of release.
• There is no jury — the judge alone decides.
• Hearsay is allowed, and the burden is lower than at trial.

The judge can:

• Order release on personal recognizance
• Impose conditions (e.g., ankle monitor, third-party custodian, drug testing)
• Deny bond and order the defendant held until trial

Why Representation at the Detention Hearing Is So Critical

In federal court, winning release at the detention hearing may be your best shot at staying out of custody. Once detained, it can be difficult to get out — and it becomes harder to participate meaningfully in your defense.

At The Bonderud Law Firm, we:

• Prepare fast and thoroughly for detention hearings
• Present compelling arguments with supporting evidence
• Arrange for family, employers, or third-party custodians to testify
• Negotiate release conditions that satisfy the court
• File emergency bond motions in appropriate cases

We’ve successfully secured release for clients in major federal prosecutions — and we know what works in front of different judges and jurisdictions.

Detention Is Not Inevitable — Let Us Fight for Your Release

Federal prosecutors are trained to push for detention. But with the right defense strategy, you may not have to wait for trial from behind bars.

At The Bonderud Law Firm, we bring decades of combined experience, trial-tested strategy, and a relentless commitment to protecting your liberty.

If you or a loved one has been arrested in a federal case, contact us immediately. We’re ready to act.

If you’re going through a divorce or custody case in Florida and there are minor children involved, you will need a parenting plan. This document isn’t optional — it’s required by law. And it plays a critical role in shaping your relationship with your children moving forward.

At The Bonderud Law Firm, we help parents create detailed, enforceable parenting plans that support their children’s needs and protect their parental rights. Here’s what you need to know.

What Is a Parenting Plan?

A parenting plan is a legally binding document that outlines how parents will share responsibilities and time with their children after separation or divorce.

It must include:

• Time-sharing schedule (where the child will live and when)
• Parental decision-making authority (e.g., for education, health care, religion)
• Methods of communication between parents and children
• Transportation arrangements for exchanges
• Travel and holiday scheduling
• Provisions for resolving disputes

The goal is to minimize conflict and provide stability for the child.

Is a Parenting Plan Required?

Yes. Florida Statute § 61.13 requires a parenting plan in all cases involving minor children, regardless of whether:

• The parents were married
• One parent has sole custody
• The case is contested or agreed upon

If the parents cannot agree, the court will decide the plan for them — often based on the recommendation of a social investigator, guardian ad litem, or family court services.

What’s the Difference Between Time-Sharing and Parental Responsibility?

• Time-sharing refers to where the child lives and how much time they spend with each parent
• Parental responsibility refers to who makes major decisions about the child’s life

Florida favors shared parental responsibility unless it would be harmful to the child.

How Is Time-Sharing Decided?

The court considers the best interests of the child, including:

• The child’s relationship with each parent
• Each parent’s ability to provide a stable, safe environment
• School and community ties
• Mental and physical health of the parents
• History of domestic violence, substance abuse, or neglect
• Each parent’s willingness to foster the child’s relationship with the other

The court may adopt one parent’s proposed plan, adopt a modified version, or draft its own.

Why You Need an Attorney for Your Parenting Plan

An unclear or incomplete parenting plan can lead to:

• Ongoing conflict
• Misunderstandings and disputes
• Enforcement problems
• Litigation over vague or missing terms

We help our clients create plans that are detailed, enforceable, and tailored to their specific family needs.

Your Parenting Plan Is Your Blueprint for Co-Parenting

Whether you’re starting from scratch or modifying an existing plan, we can help. At The Bonderud Law Firm, we prioritize your child’s wellbeing while protecting your parenting rights.

Contact us today to schedule a consultation.

At The Bonderud Law Firm, we fight for the full value of every injury case — not just the obvious financial costs. Here’s what you need to know about suing for pain and suffering in Florida.

What Is Pain and Suffering?

“Pain and suffering” refers to non-economic damages — the real but less tangible harm you experience as a result of your injury. This includes:

• Physical pain
• Emotional distress
• Anxiety or depression
• Loss of enjoyment of life
• Disfigurement or scarring
• Sleep disruption
• Grief, trauma, or PTSD
• Impaired relationships or intimacy

These are subjective damages, but they are just as real — and Florida law allows you to seek compensation for them in many cases.

When Can You Sue for Pain and Suffering in Florida?

Whether you can recover pain and suffering depends on the type of case and your level of injury.

✅ In car accidents:
Because Florida is a no-fault state, you typically must prove that your injury is “serious” to sue for pain and suffering. Under Florida Statute § 627.737, this includes:

• Significant and permanent loss of an important bodily function
• Permanent injury
• Significant and permanent scarring or disfigurement
• Death

If your injuries qualify, you can bring a claim against the at-fault driver’s bodily injury coverage.

✅ In non-auto cases:
Slip and fall, premises liability, product liability, and other injury cases do not require a permanent injury threshold — pain and suffering can be part of the claim automatically.

How Is Pain and Suffering Calculated?

There is no fixed formula, but factors may include:

• Severity and duration of the injury
• Type of treatment (e.g., surgery vs. physical therapy)
• Impact on daily life, hobbies, and relationships
• Psychological effects and emotional toll
• Whether the injury is temporary or permanent

Juries — or insurance adjusters — will consider all of this when assigning value.

What Evidence Supports a Pain and Suffering Claim?

Strong evidence includes:

• Medical records and doctor’s notes
• Testimony from medical providers and therapists
• Pain journals or daily symptom tracking
• Photographs or videos of your injuries
• Testimony from family, friends, or coworkers
• Psychological evaluations (if applicable)

Don’t Settle for Less Than You Deserve

Pain and suffering damages are often the largest component of a personal injury settlement — and insurance companies fight hard to minimize them.

At The Bonderud Law Firm, we build strong cases with detailed documentation and expert support to make sure your full story is told.

Contact us today to schedule a consultation and pursue the compensation you’re entitled to.

At The Bonderud Law Firm, we represent clients in serious federal matters and understand how to navigate the high-pressure environment of U.S. District Court. Here’s what makes federal criminal cases different from state cases.

1. Who Brings the Charges?

• Federal cases are prosecuted by the U.S. Attorney’s Office, often based on investigations by federal agencies like the FBI, DEA, ATF, IRS, or Homeland Security.
• State cases are handled by local State Attorneys and involve violations of Florida criminal statutes.

Federal investigations often take months or years before charges are filed — and when they are, the case is usually well-developed.

2. What Types of Crimes Are Typically Federal?

Common federal charges include:

• Drug trafficking (especially across state or international lines)
• Wire fraud, mail fraud, bank fraud
• Money laundering
• Conspiracy offenses
• Firearms offenses under 18 U.S.C. § 922
• Child pornography
• Immigration offenses
• Public corruption and bribery
• White collar crimes involving federal programs or financial institutions

Some crimes — like drug possession or firearms violations — can be charged at either the state or federal level, depending on jurisdictional factors.

3. Different Rules, Procedures, and Sentencing

Federal criminal cases follow the Federal Rules of Criminal Procedure, not Florida’s rules.

Key differences include:

• No speedy trial clock like in Florida — federal cases often move slower
• Discovery is more limited — no obligation to disclose everything upfront
• Sentencing is based on the U.S. Sentencing Guidelines — which use a point system based on offense level and criminal history
• No parole in the federal system — only limited “good time” credits

Federal judges have discretion but are heavily influenced by the sentencing guidelines, and many federal crimes carry mandatory minimums.

4. Pretrial Release in Federal Court Is More Difficult

In state court, most people are entitled to bond. In federal court, you may be detained pretrial if the judge finds:

• You’re a flight risk
• You’re a danger to the community
• No conditions can reasonably assure your appearance and safety of others

Your attorney must be prepared to argue strongly for your release at your initial detention hearing.

5. The Stakes Are Often Higher

Federal convictions carry:

• Lengthy prison sentences
• Large fines and forfeiture of assets
• Restitution obligations
• Felony records that follow you for life
• Immigration consequences (for non-citizens)

And the conviction rate is high — over 90% of federal criminal cases result in a conviction, many through plea deals.

Charged in Federal Court? You Need Serious Representation

Federal cases are not for beginners. At The Bonderud Law Firm, we defend clients in complex federal prosecutions with strategy, experience, and tenacity. We fight indictments, suppress evidence, negotiate favorable pleas, and take cases to trial when needed.

Contact us today to schedule a consultation and defend your future in federal court.

At The Bonderud Law Firm, we guide clients through time-sharing disputes with strategic and child-centered advocacy. Here’s how Florida courts treat a child’s preferences — and how to bring those preferences into evidence effectively.

Children Don’t Get to Decide — But Their Voice Can Be Considered

Under Florida Statute § 61.13, courts must evaluate time-sharing and parental responsibility based on the best interests of the child. While a child’s opinion can be one factor in that analysis, children do not get to choose where they live.

Courts are especially hesitant to place that burden on a child and rarely allow children to testify directly — even in camera (privately, in the judge’s chambers). Judges are concerned about putting children in the middle of a parental dispute or exposing them to undue pressure.

How Courts Hear the Child’s Voice

In most cases, a child’s preference is communicated to the court through one of two neutral, professional channels:

1. Guardian ad Litem (GAL)
   • A GAL is appointed by the court to act as a child’s advocate and report back on what is in the child’s best interests.
   • The GAL may speak with the child, parents, teachers, counselors, and others — then file a report or testify in court.
2. Social Investigation
   • A licensed mental health professional conducts interviews, home visits, and collateral contacts.
   • Their findings and recommendations are submitted to the court to assist in making time-sharing decisions.

These professionals can safely and credibly communicate the child’s preferences, maturity level, and home environment — all without direct testimony from the child.

When a Child’s Preference Might Carry Weight

While a child’s preference is never determinative, it may carry more weight when:

• The child is mature and articulate
• The child offers consistent, rational reasons for their preference
• There is no evidence of parental alienation or coaching

Judges may give more consideration to older teenagers, but they still retain discretion to award time-sharing based on the full picture.

Be Careful Not to Influence or Pressure the Child

Courts are quick to penalize parents who attempt to manipulate the child’s opinion — including:

• Coaching the child
• Undermining the other parent
• Offering incentives
• Badmouthing the other parent in front of the child

These tactics often backfire, damaging credibility and increasing the risk of an adverse ruling.

Want the Judge to Hear Your Child’s Voice? Use the Right Tools.

If your child has a clear preference about where to live — or if you’re concerned about the parenting environment in the other home — there are appropriate, effective ways to raise that issue.

At The Bonderud Law Firm, we help parents pursue guardian ad litem appointments, request social investigations, and build strong, child-focused arguments for custody and time-sharing.

Contact us today to schedule a consultation.

At The Bonderud Law Firm, we help hit-and-run victims recover compensation and hold responsible parties accountable. Here’s what you need to know.

Florida Law Requires All Drivers to Stay at the Scene

Under Florida Statute § 316.061, it is a crime to leave the scene of an accident that results in property damage, injury, or death. Penalties for the driver can include:

• Fines
• Jail or prison time
• License suspension
• Felony charges (for injury or death)

But legal consequences for the driver don’t automatically mean you’ll be compensated. That’s where your personal injury claim comes in.

Can I Still Recover Damages in a Hit-and-Run?

Yes — even if the driver is never caught. Here’s how:

✅ PIP (Personal Injury Protection):
Florida is a no-fault state. Your own insurance will cover up to $10,000 in medical expenses and lost wages under your PIP coverage, regardless of fault.

✅ UM (Uninsured Motorist) Coverage:
If you carry uninsured motorist coverage, it typically applies in hit-and-run scenarios, treating the fleeing driver as uninsured. UM may cover:

• Medical bills beyond PIP
• Pain and suffering
• Lost wages
• Future medical care

Note: UM coverage is optional in Florida — but it’s extremely important.

What If the Driver Is Identified Later?

If police locate the hit-and-run driver, you may also file a claim or lawsuit against their:

• Bodily injury liability policy
• Personal assets
• Employer (if driving for work)

We’ll coordinate with law enforcement and independent investigators to pursue every available angle.

Steps to Take After a Hit-and-Run Crash

1. Call 911 immediately and report the hit-and-run
2. Write down everything you remember (vehicle color, type, direction, license plate)
3. Get medical treatment right away
4. Notify your insurance company
5. Contact an attorney before giving a recorded statement

Don’t Let a Hit-and-Run Crash Derail Your Recovery

Being the victim of a hit-and-run is overwhelming — but you’re not powerless. At The Bonderud Law Firm, we investigate thoroughly, pursue every source of compensation, and fight to ensure you’re not left footing the bill.

Contact us today to schedule a consultation.

At The Bonderud Law Firm, we protect clients from unlawful searches and fight to exclude illegally obtained digital evidence. Here’s what you need to know.

Phones Are Protected Under the Fourth Amendment

The U.S. Supreme Court ruled in Riley v. California (2014) that police must obtain a warrant before searching a phone, even after an arrest. Your phone is not like your wallet or car — it’s protected by strong privacy rights.

When Can Police Search Without a Warrant?

There are a few exceptions:

• You give consent
• There are exigent circumstances (e.g., imminent threat or destruction of evidence)
• You are on probation or parole with search conditions
• It’s a border search at an international crossing

Even in these cases, the scope of the search is limited — and often challengeable.

What If Police Search Your Phone Illegally?

If your phone was searched without a warrant or valid exception:

• Your attorney can file a motion to suppress
• The court may exclude all evidence from the unlawful search
• In some cases, charges may be dismissed

Don’t Hand Over Your Phone Without Legal Advice

If law enforcement asks to see your phone:

🚫 Don’t unlock it
🚫 Don’t give consent
✅ Politely say: “I do not consent to a search. I want to speak to a lawyer.”

Digital Privacy Matters — We’ll Help You Defend It

At The Bonderud Law Firm, we stay on the cutting edge of digital rights and Fourth Amendment law. Contact us today to challenge an illegal search and protect your rights.

At The Bonderud Law Firm, we represent individuals charged with new offenses while on probation and work aggressively to protect their freedom and avoid revocation. Here’s what you need to know.

What Happens If You’re Arrested While on Probation?

Getting arrested while on probation almost always triggers a violation report by your probation officer. The court may:

• Issue a no-bond warrant for the alleged violation
• Schedule a VOP hearing
• Order your immediate detention, even if the new charge hasn’t been proven

In other words, you can be held without bond on the violation — even if you bond out on the new charge.

Technical vs. Substantive Violations

• A technical violation occurs when you fail to comply with the terms of probation (e.g., missed appointment, failed drug test).
• A substantive violation occurs when you are charged with a new criminal offense while on probation.

Substantive violations are treated more seriously and can lead to revocation of probation and imposition of the original sentence.

Do You Have to Be Convicted of the New Charge?

No. The court only needs to find probable cause that you committed the new offense — a much lower standard than a conviction. That’s why it’s critical to:

• Fight the new charges
• Challenge the violation at a VOP hearing
• Present strong evidence and mitigation

In some cases, beating the new charge may not be enough to avoid a finding of violation.

What Are the Consequences of a Violation?

If the court finds you violated probation, it can:

• Reinstate probation
• Modify the terms (e.g., add community service, drug treatment)
• Revoke probation and impose the original jail or prison sentence

The decision is entirely within the judge’s discretion — there’s no jury, and hearsay may be admissible.

Defending Against a VOP + New Charges

We take a dual-track approach:

1. Defend the new case aggressively
2. Challenge the violation through motions, evidence, and strategic mitigation

This may involve working out a global resolution that resolves both cases favorably.

Two Cases. One Strategy. One Goal: Protect Your Freedom.

Being arrested while on probation puts your future in serious jeopardy — but it doesn’t mean you’re out of options. At The Bonderud Law Firm, we build comprehensive strategies to defend both the new charges and the violation.

Contact us today to schedule a consultation and protect your record, your rights, and your future.