Understanding Probation Violations in Florida

Probation offers an alternative to incarceration — but it comes with strict conditions. If you’re accused of violating probation in Florida, you could be facing serious consequences, including jail or prison time. At The Bonderud Law Firm, we defend clients accused of violating probation and work to protect their freedom and future.

Here’s what you need to know if you’re facing a potential violation.

What Is Probation in Florida?

Probation allows someone convicted of a crime to remain in the community under court supervision, instead of being sentenced to jail or prison. During probation, you must comply with specific terms ordered by the court, such as:

• Reporting regularly to a probation officer
• Maintaining employment or attending school
• Staying within a designated area
• Submitting to drug/alcohol testing
• Paying fines, restitution, or costs
• Avoiding new arrests or criminal activity

Types of Probation Violations

Violations fall into two broad categories:

1. Technical Violations
   • Missing an appointment
   • Failing a drug test
   • Not paying fees
   • Moving without permission
2. Substantive Violations
   • Getting arrested or charged with a new crime while on probation

Substantive violations are generally treated more seriously and may result in immediate arrest and a no-bond hold.

What Happens If You Violate Probation?

If your probation officer alleges a violation, a violation of probation (VOP) report is submitted to the court, and a warrant may be issued for your arrest. Unlike in most criminal cases, you are not entitled to a jury trial for a probation violation.

Instead:

• You’ll have a VOP hearing before a judge
• The prosecution must prove the violation by a preponderance of the evidence (a lower standard than “beyond a reasonable doubt”)
• You may be taken into custody without bond pending the hearing

Penalties for Violating Probation

If the court finds you violated probation, the judge has broad discretion and may:

• Reinstate your probation
• Modify the terms of your probation
• Revoke probation and impose the original suspended sentence
• Sentence you to jail or prison

This is why legal representation is critical at the earliest sign of a potential violation.

You Still Have Rights — Use Them

Even though VOP hearings aren’t jury trials, you still have the right to:

• Present witnesses and evidence
• Cross-examine the probation officer or other witnesses
• Have an attorney argue for leniency or dismissal of the alleged violation

At The Bonderud Law Firm, we investigate alleged violations, challenge improper claims, and fight to keep our clients out of custody. If you’re accused of violating probation in Florida, contact us today to schedule a consultation.