Probation isn’t quite freedom, but most would agree that it’s a lot better than being locked up in jail or prison. While there are a lot of rules that come along with probation, understanding them and knowing what constitutes a violation of probation can help you prioritize your probation activities and stay on the right side of the law.
What is Probation?
Probation is court-mandated supervision that requires an individual to abide by certain restrictions and to check in regularly with a probation officer. A judge may sentence an individual to a probation period instead of incarceration or in addition to incarceration.
While probation is better than incarceration or prison time, for most individuals convicted of the crime, some find the regulations too restrictive and have trouble adhering to the various terms imposed on them. This can lead to those individuals violating their probation period. Remember that probation is a privilege, not a right.
What is a Violation of Probation?
Being on probation means following a lot of rules and probation orders. Some may seem arbitrary, however, to get through the probationary period, it’s crucial that individuals abide by the terms of their probation.
Of course, no one is perfect and violating probation is part of the course. So, what happens if you violate probation in Florida? Read on to find out. There are two types of violation of probation recognized in Florida: technical violations and substantive violations.
Technical Violations of Probation in Florida
Breaking one of the terms of your probation will result in a technical violation. Some of these rules are set by the judge, while others are enshrined in Chapter 948 of the Florida statutes. Here are a few common technical probation violations in the state of Florida.
- Best Outcome: The judge dismisses the violation of probation affidavit and terminates probation. Sometimes if it is a very old case and the Defendant resides out of state and the underlying charge is not too serious the court may just prefer to close the case out. This might happen in instances where the original sentence was considered too harsh and the Defendant has already completed a substantial portion of his probation.
- Typical Outcome: A Judge can find a violation, extend the time that you have left on probation, and impose additional community service, counseling, drug residential program with follow up treatment, etc.
- Worst Outcome: A judge can revoke and terminate the probation, convict a Defendant even though the Judge originally withheld adjudication of the underlying offense and sentence the Defendant to jail or prison time which can be up to the maximum allowed by law for that offense.
Defending Against Violation of Probation in Florida
Willfully and substantially are the operative words when it comes to defending against probation violations and maintaining your freedom.
There are certain situations where an individual may violate their probation through no fault of their own. That means that they did not willfully violate their probation and they should not be penalized. For example, not having a job to pay back fines or not having access to a reliable mode of transportation to attend meetings may lead to probation violations. The defendant could’ve had every intention to meet those obligations but due to circumstances beyond their control, they weren’t able to. This means they did not willingly violate their probation. Telling a story to the judge will not help. It’s important to have a legal explanation—not just an excuse.
Do You Need a Defense Attorney for Probation Violations?
A probation violation could lead to the loss of your freedom while serving a jail sentence. Don’t let this happen to you! It’s imperative that you get yourself a qualified and experienced criminal defense attorney to help you to avoid a prison sentence. Otherwise, you could end up back behind bars to serve the remainder of your sentence.
Hiring a Tampa Probation Violation Lawyer
If you’ve been charged with violating your probation, seek help immediately! A skilled Tampa criminal defense probation violation attorney can help you build a defense against the charge while protecting your rights and your freedom.
Mike G is a former prosecutor and has dealt with probation from a variety of viewpoints. He knows how to defend against a probation violation charge and can help you secure the best possible outcome for your case. Contact Mike G Law today and protect your future.
- Testing positive for drugs.
- Drinking to excess.
- Failure to report to your probation officer without a reasonable explanation.
- Failure to pay your fines, court cost and/or cost of supervision, if you have the ability to pay them but fail to do so.
- Not doing your community service hours.
- Ignoring the instructions of the Probation Officer. Some instructions may not be legal or logically and legally related to the offense. An experienced violation of probation attorney should know what these may be and defend you accordingly.
- Not telling your probation officer that you are moving from an Approved Residence.
- Getting a new job and not telling your probation officer.
- Violating your curfew.
- Leaving your county of residence without your probation officer’s consent and knowledge.
- Failure to complete a counseling and/or treatment program, such as, drug counseling, anger management or Domestic Violence Batterer’s Intervention Program.
Substantive Violations of Probation
If a probationer committed a law violation of a crime during the probationary period, this is considered a substantive violation of your probation. Individuals charged with a substantive violation who are on felony probation will be sent back to jail or prison while they await their probation violations hearing.
During the probation hearing, you will be able to share your side of the story and present evidence that could support you in court. You will also need to prepare for a trial on any new charges you face. If you are charged with another crime, it is critical that you speak to an experienced criminal defense attorney immediately.
What Happens if You Violate Your Probation?
If an individual is believed to have violated their probation, they will be charged with that violation and a hearing will be set up. During that hearing, the prosecutor must show that the defendant willfully and substantially failed to meet the conditions of their granted probation. Depending on the case and the strength of your defense, there are several possible outcomes:
- Best Outcome: The judge dismisses the violation of probation affidavit and terminates probation. Sometimes if it is a very old case and the Defendant resides out of state and the underlying charge is not too serious the court may just prefer to close the case out. This might happen in instances where the original sentence was considered too harsh and the Defendant has already completed a substantial portion of his probation.
- Typical Outcome: A Judge can find a violation, extend the time that you have left on probation, and impose additional community service, counseling, drug residential program with follow up treatment, etc.
- Worst Outcome: A judge can revoke and terminate the probation, convict a Defendant even though the Judge originally withheld adjudication of the underlying offense and sentence the Defendant to jail or prison time which can be up to the maximum allowed by law for that offense.
Defending Against Violation of Probation in Florida
Willfully and substantially are the operative words when it comes to defending against probation violations and maintaining your freedom.
There are certain situations where an individual may violate their probation through no fault of their own. That means that they did not willfully violate their probation and they should not be penalized. For example, not having a job to pay back fines or not having access to a reliable mode of transportation to attend meetings may lead to probation violations. The defendant could’ve had every intention to meet those obligations but due to circumstances beyond their control, they weren’t able to. This means they did not willingly violate their probation. Telling a story to the judge will not help. It’s important to have a legal explanation—not just an excuse.
Do You Need a Defense Attorney for Probation Violations?
A probation violation could lead to the loss of your freedom while serving a jail sentence. Don’t let this happen to you! It’s imperative that you get yourself a qualified and experienced criminal defense attorney to help you to avoid a prison sentence. Otherwise, you could end up back behind bars to serve the remainder of your sentence.
Hiring a Tampa Probation Violation Lawyer
If you’ve been charged with violating your probation, seek help immediately! A skilled Tampa criminal defense probation violation attorney can help you build a defense against the charge while protecting your rights and your freedom.
Mike G is a former prosecutor and has dealt with probation from a variety of viewpoints. He knows how to defend against a probation violation charge and can help you secure the best possible outcome for your case. Contact Mike G Law today and protect your future.