Florida Probation Violations Attorneys
- What Should I Do if I’m Accused of a Probation Violation in Florida?
- What Is a Violation of Probation in Florida?
- What Are the Types of Probation Sentences in Florida?
- What Constitutes a Violation of Probation (VOP)?
- What Are the Potential Consequences for a Probation Violation?
- Do I Need to Hire a Florida Probation Violation Attorney?
- Why Choose Darling Law?
- Need Help with a Florida Probation Case? Get Your Free Consultation Today.
- Frequently Asked Questions
Key Takeaways
- Probation is a community supervision sentence given after pleading guilty or being found guilty of a crime.
- A person must follow any terms and conditions of a probation sentence.
- Violating probation can result in harsh penalties.
- Working with a criminal defense lawyer with experience in probation violations can help defend against probation violation allegations.
A probation sentence is a type of community supervision sentence defendants may receive in lieu of jail time after pleading guilty or being convicted of a crime. According to the state of Florida’s Office of Community Corrections, the agency supervises more than 146,000 individuals throughout the Sunshine State.
The state considers Probation a privilege. If a person violates the terms and conditions of their probation sentence, they can face additional penalties and serious consequences. Therefore, people must understand the terms of their probation and follow all conditions carefully, so they do not inadvertently break them.
“Very impressionable! Explained everything to me in great detail and with no [judgment]. Communication was also very easy and Andrew Darling and his team would respond very fast. They got me the best possible outcome and I plan on recommending this law firm to others who find themselves in a similar situation as mine. Thank you for your hard work! :)” – Shantall B.
What Should I Do if I’m Accused of a Probation Violation in Florida?
If you are accused of violating probation, do not ignore the situation. Take immediate steps to improve your chances of receiving the most favorable outcome.
- Stay calm and professional with law enforcement
- Politely comply with instructions
- Call a skilled Florida probation violation lawyer
- Do not speak about the alleged violation without talking to an attorney first
- Gather evidence to support your defense (your attorney can help)
- Attend all probation violation hearings
- Continue to follow all conditions of probation
What Is a Violation of Probation in Florida?
A probation sentence requires the individual who pleaded guilty or was convicted of a crime to adhere to any probationary conditions the judge issues. For some types of probation, the individual must report regularly to a probation officer. Section 948.03 of state law outlines the terms and conditions of Florida probation sentences.
Violating probation in Florida is different from a new criminal charge. The standard of proof is lower in these cases, and it is much easier for the state to demonstrate various types of probation violation offenses than for them to prove new crimes.
What Are the Types of Probation Sentences in Florida?
Individuals sentenced to court-ordered probation will be given one of several different types of supervision.
1. Administrative Probation
Administrative probation is the most lenient type of probation sentence, as it does not require active supervision by a probation officer.
2. Community Control
Community control, commonly called “house arrest,” is a stricter form of probation. After a conviction, the individual is consistently monitored by an administrative officer and must physically remain within the confines of the court-set area. Sanctions may include curfews, GPS monitoring, or the inability to leave their designated areas without permission.
3. Drug Offender Probation
In Florida, drug offender probation is a rigorous supervision sentence where individuals convicted of a drug-related crime must follow specific conditions, including intense community supervision and, oftentimes, a mandate to attend treatment and rehabilitation programs.
4. Mental Health Probation
Mental health probation is a type of supervision that emphasizes the individual receiving mental health treatment and working with professional treatment providers to address underlying mental health disorders. Probationers must report to their probation officers, follow their treatment plan, and take prescribed medications.
5. Sex Offender Probation (Sex Offender Community Control)
Sex offender probation often follows the completion of a jail sentence after pleading guilty or being convicted of a sex-related crime. Conditions may include electronic monitoring, following treatment plans, polygraph testing, adhering to curfews, no contact with the victim, and staying away from areas where children congregate.
What Constitutes a Violation of Probation (VOP)?
Anyone on probation must adhere to the conditions set forth by Florida statute and within their specific sentence. If convicted for violation of probation (VOP), they can face penalties. In Florida, VOPs fall into two primary categories: technical and substantive violations.
Technical Violations
In situations where probationers fail to complete one or more of the conditions given to them, this is a technical violation. Violations may be related to general conditions of probation or specific directives. Examples might include:
- Disobeying curfew
- Failing a drug test
- Missing appointments with a probation officer
- Not obtaining gainful employment
- Being caught possessing drugs
- Failing to report an address change
- Tampering with a GPS device
- Failing to attend treatment
- Interacting with someone committing criminal activity
Substantive Violations
Individuals on probation are not only expected to follow the terms and conditions of their supervision; there is an expectation to avoid committing new crimes. If a probationer commits a new crime, such as a DUI, this falls under the substantive violation category.
A probation officer will determine whether a person commits a VOP and can opt to report it to the court. An arrest warrant may be issued if the probation officer reports either violation.
What Are the Potential Consequences for a Probation Violation?
The potential consequences of a VOP can vary and ultimately depend on the factors involved, including, but not limited to, previous criminal history, current allegations, and the original offense.
An individual found guilty of a VOP could receive:
- Revocation of probation and a jail sentence
- Modification of probation with new conditions and/or an extension of time added
- Reinstatement of probation with a warning against future violations (this is rare)
Do I Need to Hire a Florida Probation Violation Attorney?
Working with a skilled probation violation attorney is a good idea because the criminal law landscape is complex. You do not want to inadvertently admit guilt or take action that could be construed as a violation. Your lawyer may determine you did not violate the terms of your sentence and/or gather evidence to show your innocence.
Why Choose Darling Law?
Darling Law dedicates itself to upholding the rights of its clients. The attorney-client relationship is very important to us. Our caring and compassionate attorneys believe everyone deserves the right to a strong defense. We aim to provide our clients with a better criminal defense experience.
Our probation violation lawyers will listen to your side of the story and advocate for your best interests. Fighting a probation violation can be challenging, and we will work to help you achieve a preferable outcome.
The attorneys at Darling Law are known for their aggressiveness and tireless dedication to preserving clients’ rights!
Testimonials
“Darling Law is top notch! Andrew Darling immediately got to work on my case from the minute I contacted him. He and Ashley from his firm were extremely professional and kept in constant contact with me which made me feel extremely comfortable with the process. They got my case dismissed in very timely manner and cause very little disturbance to my everyday life. I would definitely recommend Darling Law to anyone looking for an attorney!” – Julius F.
Need Help with a Florida Probation Case? Get Your Free Consultation Today.
The standard of proof to prove a probation violation is not as tricky for prosecutors as it is to establish guilt in new criminal cases. If you face an accusation of violating the terms of your probation, you will want experienced legal representation.
The attorneys at Darling Law are fully familiar with common probation violations. They can help you navigate the complexities associated with violation probations, work to protect your rights, construct a strong defense, and potentially avoid additional criminal charges.
To schedule a free consultation for a probation violation or another criminal offense, contact the experienced criminal defense attorneys at Darling Law at (407) 329-8260 or fill out our contact form.
Frequently Asked Questions
Yes, in Florida, you can face jail time if you violate probation. The judge can impose penalties, including prison time, especially if they deem the violation willful or involving a new crime. You will not receive a jury trial.
If you are on sex offender probation, you must adhere to specific conditions, including regular reporting to a probation officer, internet use, and restrictions on where you can live and work. Violating these terms can lead to serious consequences, including potential jail time.
Florida law mandates probation for DUI offenders, which includes strict conditions such as monthly reporting and completion of a substance abuse program. Violating terms can result in penalties ranging from extended probation to jail time, depending on the nature of the violation.
If accused of a probation violation, you have the right to a hearing where you can contest the allegations. During this hearing, the burden of proof lies with the state; you can present evidence and arguments to defend against the claims made by your probation officer.
Yes, a probation violation can result in a dismissal if you can demonstrate the violation was not willful or if mitigating circumstances apply. An experienced Florida criminal defense attorney can help argue your case effectively during the violation hearing.
Whether you can get a bond for a probation violation in Florida depends on the specifics of your case. Sometimes, judges may issue “no bond” warrants for serious offenses, meaning your release will not occur until after your court hearing. If you are a violent felony offender of special concern (VFOSC), you are prohibited from getting a bond on a VOP.
Written By Andrew Darling
Andrew Darling is a dedicated attorney, husband, and father. He served in the U.S. Army, deploying to Iraq twice. He is the owner and lead attorney at Darling Law. He coaches youth football. His passion for coaching and mentorship have instilled in him a winning culture, which he brings to his legal practice.