Violation of Probation in Florida: Everything You Need To Know

Ruhl Law, P.A. knows that if you’re on probation in Florida, it’s important to understand the rules and what happens if you violate them. Probation is meant to give offenders a second chance while keeping them out of jail or prison, but violating its terms can lead to serious consequences. Whether it’s missing a meeting with your probation officer, failing a drug test, or committing a new crime, a violation of probation in Florida can escalate quickly.

Understanding Probation Violation in Florida

Florida’s Office of Community Corrections currently supervises close to 145,000 individuals on probation. Probation is meant to be a second chance, allowing offenders to avoid jail time while still being held accountable for their actions. However, it’s not a free pass, and there are strict rules to follow.

Probation is a court-ordered period of supervision that allows individuals convicted of crimes to stay out of jail or prison, provided they follow specific conditions. These conditions may include meeting with a probation officer regularly, attending counseling or treatment programs, staying employed, paying fines, and refraining from criminal behavior. Violating any of these conditions can lead to probation violation, which can result in serious legal consequences.

Types of Probation Violations

The two main types of probation violations in Florida are technical violations and new criminal offenses. They can be defined as follows:

• Technical Violations. These violations involve failing to meet the conditions of probation, like missing a scheduled meeting with your probation officer, failing a drug test, not paying fines, or failing to complete required community service. While these violations may not be criminal in nature, they can still lead to a court hearing and potential penalties.
• New Criminal Offenses. If you commit a new crime while on probation, it’s considered a violation of probation. This is much more serious and can result in immediate arrest and potentially harsher penalties, including jail or prison time. Even being arrested for a new offense can lead to a violation hearing.

What Happens When You Violate Probation?

If you violate probation, your probation officer may notify the court and request a warrant for your arrest. Once arrested, you’ll have a hearing before a judge where you can explain the violation. The judge then decides on the consequences based on the severity of the violation and whether it was a technical violation or a new crime.

In Florida, probation violation cases are typically heard in the same court that originally sentenced you to probation. This means if you were sentenced in a Circuit Court, usually for felony cases, your probation violation hearing may be held there.

If the original offense was a misdemeanor, you were likely sentenced in a County Court. The specific location depends on the county where your probation was imposed. For example, in Sarasota, it would be the Circuit or County Court in that jurisdiction, such as the Sarasota County Circuit Court at 2000 Main Street. If you’re dealing with a probation violation, speaking to a Port Charlotte criminal defense lawyer can make a big difference in protecting your freedom.

Penalties for Violating Probation

The penalties for violating probation in Florida vary depending on the nature of the violation. These can include:

• Minor Violations. If the violation is technical or minor, the judge might extend your probation period, add new conditions, or even issue a warning.
• Serious Violations. If you commit a new crime, the judge may revoke your probation and sentence you to the original prison sentence that was suspended when you were placed on probation.
• Maximum Penalties. For felony offenses, violating probation can lead to serving significant time in prison, while misdemeanor violations may result in time in jail.

FAQs About Probation Violation Law in Florida

What Is the Penalty for Violating Probation in Florida?

In Florida, penalties for violating probation can vary. If it’s a technical violation, like missing a meeting, the judge may extend probation or give a warning. For a new crime, the violation can lead to jail or prison time, and the court may revoke probation entirely, resulting in the severance of the original sentence. The severity of the penalty depends on the violation and the type of offense.

What Happens If You Violate Probation in Florida for the First Time?

If you violate probation for the first time in Florida, the judge may be lenient, especially if it’s a minor violation. You may face a warning, an extension of probation, or additional conditions such as counseling or community service. If the violation is serious, like committing a new crime, the judge may revoke probation and impose a harsher sentence, such as jail time. Having an experienced defense lawyer on your side is recommended.

Can a Lawyer Help Me With My Probation Violation?

Yes, a lawyer can help with a probation violation. They can guide you through the legal process, explain your rights, and represent you in court. A lawyer may be able to negotiate for lesser penalties, like extended probation or alternative sentences, instead of jail time. They can also help present a strong case if you believe the violation was minor or due to circumstances beyond your control.

Can a Probation Violation Be Expunged in Florida?

In Florida, a probation violation typically cannot be expunged. If you successfully complete probation without further issues, some records may be sealed. If you violate probation, it can affect your record, and expunging a violation is usually not an option. An offense needs to be a misdemeanor or, in some cases, a felony that doesn’t involve serious crimes in order to qualify for sealing.

Speak With a Trusted Probation Violation Lawyer Today

A probation violation in Florida can have serious consequences, but knowing your rights and understanding the process is key to navigating this challenging situation. Whether it’s a minor technical violation or a more serious breach, the consequences can vary widely depending on the circumstances. If you’ve violated probation, it’s crucial to have an experienced probation violation lawyer by your side to protect your interests.

Don’t face the complexities of a probation violation alone. Schedule an initial consultation with a skilled attorney today from Ruhl Law, P.A.