Facing Criminal Charges While on Probation? Here’s What to Know

If you’re on probation in Florida and get arrested or charged with a new offense, you’re facing a double legal threat — not only do you have to fight the new case, but you could also face a violation of probation (VOP), which can result in harsh consequences, including incarceration.

At The Bonderud Law Firm, we represent individuals charged with new offenses while on probation and work aggressively to protect their freedom and avoid revocation. Here’s what you need to know.

What Happens If You’re Arrested While on Probation?

Getting arrested while on probation almost always triggers a violation report by your probation officer. The court may:

• Issue a no-bond warrant for the alleged violation
• Schedule a VOP hearing
• Order your immediate detention, even if the new charge hasn’t been proven

In other words, you can be held without bond on the violation — even if you bond out on the new charge.

Technical vs. Substantive Violations

• A technical violation occurs when you fail to comply with the terms of probation (e.g., missed appointment, failed drug test).
• A substantive violation occurs when you are charged with a new criminal offense while on probation.

Substantive violations are treated more seriously and can lead to revocation of probation and imposition of the original sentence.

Do You Have to Be Convicted of the New Charge?

No. The court only needs to find probable cause that you committed the new offense — a much lower standard than a conviction. That’s why it’s critical to:

• Fight the new charges
• Challenge the violation at a VOP hearing
• Present strong evidence and mitigation

In some cases, beating the new charge may not be enough to avoid a finding of violation.

What Are the Consequences of a Violation?

If the court finds you violated probation, it can:

• Reinstate probation
• Modify the terms (e.g., add community service, drug treatment)
• Revoke probation and impose the original jail or prison sentence

The decision is entirely within the judge’s discretion — there’s no jury, and hearsay may be admissible.

Defending Against a VOP + New Charges

We take a dual-track approach:

1. Defend the new case aggressively
2. Challenge the violation through motions, evidence, and strategic mitigation

This may involve working out a global resolution that resolves both cases favorably.

Two Cases. One Strategy. One Goal: Protect Your Freedom.

Being arrested while on probation puts your future in serious jeopardy — but it doesn’t mean you’re out of options. At The Bonderud Law Firm, we build comprehensive strategies to defend both the new charges and the violation.

Contact us today to schedule a consultation and protect your record, your rights, and your future.