Violation of Probation Florida

Penalties for probation violations in Florida can be severe. Once probation is revoked, the court may impose the maximum statutory sentence for the original offense. With the knowledgeable and compassionate help of Jacksonville probation violation lawyers from First Coast Criminal Defense, you can get the legal representation you need to understand your options and fight for a positive solution.

Violations of probation may involve:

• Positive drug tests
• Failure to meet with probation officer
• Law violations or new offenses
• Failure to pay required financial obligations

Understanding Florida Probation Laws

In order for a court to find a defendant guilty of violating probation, it must prove that the defendant willfully and substantially violated the terms of the probationary contract. If the violating actions were done out of mental illness, ineptitude, or negligence, the actions in themselves cannot prove that the defendant willfully broke the contract. Our Jacksonville probation violation attorneys have a passion for defending clients’ rights in court and can use their extensive experience to aggressively represent you in probation violation hearings.

The proceedings begin when a supervising officer files an Affidavit of Violation with the court or a Department of Corrections Violation Report in a felony case. Once the necessary documents are filed, the court will review the officer’s allegations, determine if reasonable grounds for the complaint exist, and issue a warrant for the defendant’s arrest, often on a “no bond” status. The court will then arraign the defendant and schedule a hearing, so the prosecution may present evidence to prove that the defendant willfully and substantially violated the terms of probation.

Types of Probation Violations in Florida

When on probation, there are a significant number of rules that must be followed to a tee. Because of this, many individuals accidentally or unavoidably violate their probation. There are two types of violations with very different circumstances.

Technical Violations

This type of violation occurs when a condition of probation is broken, such as:

• Failure to Report to Probation Officer: One of the most common violations is when a probationer fails to report to their probation officer as required. This could include missing scheduled appointments or failing to respond to attempts by the probation officer to contact them.
• Failure to Pay Fines or Restitution: Probation often includes requirements to pay fines, court costs, or restitution to victims. A violation occurs if the probationer fails to make these payments as ordered by the court.
• Positive Drug or Alcohol Tests: If a probationer is ordered to abstain from drug or alcohol use as a condition of probation and they test positive for prohibited substances during a drug test, it constitutes a violation.
• Committing New Crimes: Any new criminal activity committed by the probationer while on probation is a violation. This includes misdemeanors, felonies, or even violations of municipal ordinances.
• Failure to Complete Court-Ordered Programs: Probationers may be required to complete various programs such as substance abuse treatment, anger management classes, or community service. Failing to complete these programs as ordered constitutes a violation.
• Failure to Maintain Employment or Education: Some probation orders require the probationer to maintain employment or pursue education. Failing to do so without valid reasons could lead to a violation.
• Failure to Comply with Travel Restrictions: Probationers may be restricted from traveling outside certain geographic areas without permission from their probation officer. Violating these travel restrictions constitutes a violation.
• Associating with Known Criminals: If a probationer associates with individuals involved in criminal activity or violates specific no-contact orders, it can lead to a violation.
• Failure to Maintain Contact Information: Probationers are usually required to keep their contact information updated with their probation officer. Failure to do so can result in a violation.
• Violation of Special Conditions: Some probation orders may include specific conditions tailored to the individual's circumstances, such as attending counseling, performing community service, or completing specific tasks. Violating any of these special conditions constitutes a violation.

Hundreds of thousands of people are found guilty of these violations each year, putting them at risk of going back to jail for a relatively minor offense. While these are seemingly minor violations, they can still result in serious changes to one’s probation status.

It’s also easy to accidentally violate your probation in one of these ways. If a simple mistake led you to be charged with violating your probation, a Jacksonville probation violation lawyer can help explain this to the court and advocate for understanding and leniency.

Substantive Violations

This type of violation is more serious. A substantive violation occurs when the individual on probation commits a new crime. For example, getting a DUI while on probation. This type of violation can result in a probation violation charge and a charge for the new offense.

Can a Probation Violation be Dismissed?

In Florida, a probation violation can potentially be dismissed under certain circumstances, typically involving procedural or substantive errors in the handling of the violation. Here are some common scenarios where a probation violation might be dismissed:

• Lack of Sufficient Evidence: If the evidence presented by the probation officer or prosecutor is insufficient to prove that a violation occurred, the court may dismiss the violation. This could include situations where the alleged violation was based on hearsay or unsupported allegations.
• Procedural Errors: If there were procedural errors in the handling of the violation, such as failure to properly notify the probationer of the violation or failure to provide them with an opportunity to be heard in court, the violation may be dismissed.
• Exculpatory Evidence: If new evidence comes to light that shows the probationer did not actually violate the terms of their probation, the violation may be dismissed. This could include evidence of mistaken identity or alibi evidence proving the probationer was elsewhere at the time of the alleged violation.
• Substantial Compliance: In some cases, the probationer may have technically violated a condition of their probation but may have substantially complied with the terms overall. If the court determines that the violation was minor and the probationer has otherwise been compliant, they may choose to dismiss the violation.
• Successful Completion of Sanctions: If the probationer has already completed the sanctions imposed for the violation, such as community service or counseling, the court may choose to dismiss the violation.

What Happens at a Probation Violation Hearing?

After the courts are alerted that you violated probation, you’ll be required to attend a probation violation hearing.

At the hearing, the defendant is given the opportunity to admit or deny the violation. During the hearing for a probation violation, the judge will hear the case and determine whether any terms of the probation were violated. The violation of probation will need to be proven by way of "preponderance of evidence" from the prosecuting attorney, meaning it is more likely than not that probation was violated.

A few factors that the sentencing judge may take into consideration during this hearing include:

• Nature, type, and seriousness of the violation
• Evidence supporting / countering the accusation
• History of prior violations
• Other aggravating / mitigating factors

If possible, treat this probation violating hearing as your would a criminal trial, prepare evidence that supports your side and get the representation of a Jacksonville probation violation lawyer on your side.

What to Expect at a Probation Violation Hearing in Florida

At this hearing, the judge will decide what repercussions you should face for violating your probation. There are a few potential outcomes.

Revocation

The judge may determine that you should no longer be allowed on probation. This outcome is most likely if the defendant was on probation for a felony offense or if they committed a substantive violation. When this occurs, the judge will also impose a sentence for the initial offense that led to the individual being sentenced to probation.

Modification

If the judge allows the defendant to stay on probation, they may alter the terms. This could include adding new conditions that must be followed or adding time to the length of the probation sentence.

No Changes

While ideally the probationer will be allowed to continue on without any changes after their violation, this is the least common outcome. Still, the probationer may be given a warning and be kept on the same probation setup. This is especially true for individuals who have no prior record of violating their probation.

Preparing for a FL Probation Violation Hearing

If you’ve recently been notified by the courts that you need to attend a probation violation hearing, there are things you can do to prepare.

• Hire an attorney: Working with an attorney gives you the best chance of a favorable outcome. Hire a defense attorney to help you prepare a defense and advocate for you at your hearing.
• Be professional: When you attend your hearing, make sure you are in proper attire and address the judge respectfully. These little actions can make a difference in the final decision and your outcome.
• If applicable, establish your alibi: You may be facing a probation violation charge when you are actually innocent. In this case, look for evidence that can support your alibi.

Do I Need A Lawyer For Probation Violation In Florida?

While it is not legally required to have a lawyer for a probation violation in Florida, it is highly advisable to retain one. Probation violations are taken seriously in Florida, and the consequences can be severe, including the possibility of serving the remainder of your sentence in jail or prison. 

Here’s why having a lawyer can be crucial:

• Understanding the Charges: A lawyer can help you understand the specific nature of the probation violation, whether it’s a technical violation (like missing a meeting with your probation officer) or a substantive violation (like being arrested for a new crime). Each type of violation carries different potential consequences.
• Protection of Your Rights: During a probation violation hearing, the standard of proof is lower than in a criminal trial. The prosecution only needs to show that it is more likely than not that you violated your probation. A lawyer can protect your rights by challenging the evidence against you, presenting mitigating circumstances, and ensuring that you receive a fair hearing.
• Defense Strategy: A lawyer can develop a defense strategy tailored to your situation. This might include proving that the violation was unintentional, that you have taken steps to rectify the violation, or that the alleged violation did not occur as the state claims. For example, if you missed a probation meeting due to an emergency, your lawyer can present evidence to support that.
• Negotiation: In some cases, a lawyer can negotiate with the prosecutor to reduce the penalties you might face. This could involve arguing for a modification of your probation terms rather than revocation, or negotiating for a lesser sentence.
• Representation in Court: At the probation violation hearing, a lawyer will represent you, presenting arguments, questioning witnesses, and advocating on your behalf. This can significantly influence the outcome of the hearing.
• Mitigating Consequences: Even if a violation is found, a lawyer can help argue for leniency. They might present evidence of your good behavior, employment, family responsibilities, or efforts to comply with probation terms, which can persuade the judge to impose a lighter sentence or alternative penalties.

Given the potential consequences of a probation violation in Florida, including jail time, it is in your best interest to have an experienced probation violation attorney represent you. They can navigate the legal complexities, protect your rights, and work towards the best possible outcome in your case.

Passionate Legal Assistance for Probation Violation Cases

Our firm provides experienced representation for clients facing violation of probation charges in Florida. Probation is seen as a privilege, and the team at First Coast Criminal Defense can work efficiently to defend your rights and seek a beneficial outcome. Our Jacksonville probation violation defense lawyers can discuss your options and build a defense for your case.

If you have been charged with violating your probation, call our Jacksonville probation violation attorneys immediately at (904) 474-3115 for dedicated legal assistance.