Violation of Probation in South Florida
In Florida, violation of probation happens when a defendant willfully violates the conditions of a probationary sentence. To understand the consequences offenders face when breaching their probation sentence, it is important to note that in Florida probation is not considered a right, but a privilege. According to Florida Statute 948.06, probation is a grace of the state, imposed on a defendant instead of a sentence as an opportunity for rehabilitation and to protect society.
Types of Violations
A violation of probation is any instance someone breaks the terms of their probation or their original sentence. There are many ways an individual can violate their probation sentence:
Substantive Violation of Probation
- Occurs if you are charged with a new criminal offense while on probation.
Technical Violation of Probation
- Occurs if you fail to follow something that you’ve been ordered to do as part of your probation sentence. Another case happens when you do something that was prohibited by probation.
Examples of Probation Violations
A violation of probation can happen when you fail the following:
- Fail a drug test
- Fail to notify the probation officer of a change of address
- Fail to report to your probation officer
- Fail to report monthly probation report
- Fail to pay required court costs associated with your probation
Again, probation is a privilege, not a right. Failing to live up to the terms increases the chance of getting your probation revoked.
Arrested for Violation of Probation in South Florida?
When probation is violated, it is up to the probation officers to proceed. Some might issue a warning; others might require you to appear in court for a probation violation hearing. Regardless, the violation of probation will get reported, and eventually, it raises the chances of facing severe consequences.
If the defendant is found guilty of violating probation, his or her supervising officer will submit an Affidavit of Violation, and in felony cases, a Department of Corrections Violations Report to explain why she or he has reasonable grounds to argue the defendant committed a violation during the probationary period.
Florida Offenses for Violation of Probation
At the time of the revocation of probation or community control, the sentencing judge can choose to impose the original sentence.
If found guilty, judges have broad discretion to impose penalties for probation violations, subject to the maximum limits of a particular state statute. In Florida, according to the Florida Statute 948.06, violation of probation or community control can result in:
- Charges for extra fines
- A revoked probation sentence
- Increased probationary period
- Prison time for probation violations
- An order to perform community service
- An order to attend counseling services, such as therapy
- An order to complete a drug or alcohol rehabilitation program
Tolling Of Probationary Period
Section 948.06(1), Florida Statutes, provides for retention of jurisdiction of a probation term that expires during the course of a probation revocation proceeding.
Probation violation offenses in Florida can be extremely harsh; they will depend on the sentencing judge’s discretion, which takes into consideration all the factors surrounding the violation including the terms of your probation, the original criminal charges if there is a preponderance of the evidence that points to violations, and more.
Build Your Defense Team
It’s important to know that if you are facing any probation violation charges, you have a legal right that can help minimize or avoid additional penalties or consequences, which include jail or prison time. Working with a defense team with experience in criminal law is imperative to make sure your rights are respected. If a violation occurs, having a defense team by your side can help you fight for your freedom.
Working with Criminal Defense Lawyers in South Florida
If you or someone you know is facing probation revocation, contact the attorneys at LJ Law Group immediately. Working with criminal defense lawyers can help you minimize potential penalties. Violating probation or community control has the capacity of leaving you and your loved ones facing severe consequences, do not let this happen to you.
Call LJ Law Group at 954-597-6770 to speak with a criminal defense attorney today.