Understanding Probation Violations in Florida

Introduction

Probation allows individuals convicted of a crime to serve their sentence without being incarcerated, but it comes with strict conditions. If you violate the terms of your probation in Florida, you could face serious consequences, including jail time.

This guide explains what constitutes a probation violation, the penalties you could face, and defenses that may help you avoid jail time.

What Is a Probation Violation?

A probation violation occurs when someone on probation fails to comply with the terms set by the court. Florida law classifies probation violations as either:

1. Technical Violations – Failing to follow the rules of probation (e.g., missing a meeting with a probation officer).
2. Substantive Violations – Committing a new crime while on probation.

🚨 A probation officer can report a violation even if it was accidental or minor.

Common Probation Violations in Florida

Here are some of the most common ways people violate probation:

✔️ Missing a meeting with your probation officer
✔️ Failing a drug or alcohol test
✔️ Committing a new crime
✔️ Leaving the state or county without permission
✔️ Failing to complete community service
✔️ Failing to pay fines, restitution, or court costs
✔️ Possessing a firearm or illegal substances
✔️ Violating a curfew or travel restriction

⚠️ Even an unintentional violation—such as missing a probation meeting due to illness—can result in a probation revocation hearing.

What Happens After a Probation Violation?

If your probation officer believes you violated the terms of your probation, they may:

1. Issue a Probation Violation Report – This report is submitted to the court.
2. Request an Arrest Warrant – The judge may issue a warrant for your arrest.
3. Hold a Probation Violation Hearing – You will be required to appear before a judge.

Unlike regular criminal cases, probation violation hearings do not require proof beyond a reasonable doubt. Instead, the prosecution only needs to prove the violation by a preponderance of the evidence (a much lower standard).

🚨 You do NOT have the right to a jury trial for probation violations—only a judge will decide your fate.

Penalties for Violating Probation in Florida

If the court finds that you violated your probation, the judge may impose any of the following penalties:

1. Revocation of Probation

• The judge ends your probation and sends you to jail or prison for the remainder of your sentence.
• This is common for serious violations, such as committing a new crime.

2. Modification of Probation

• The judge changes the terms of your probation by adding harsher conditions (e.g., more community service, electronic monitoring, or drug counseling).

3. Probation Reinstatement

• If the violation was minor, the judge may reinstate your probation with a warning.
• You may have to attend additional probation meetings or pay fines.

🚨 If your probation is revoked, you could face the full sentence for your original crime.

Defenses to a Probation Violation in Florida

Just because you are accused of violating probation does not mean you are guilty. A skilled criminal defense attorney can use the following defenses:

1. Lack of Evidence

• If the probation officer cannot provide sufficient evidence, the case may be dismissed.
• Example: A failed drug test may be challenged if proper procedures were not followed.

2. Unintentional Violation

• If the violation was due to circumstances beyond your control, such as:
  • Medical emergencies preventing you from reporting to probation
  • Missing a probation meeting due to a transportation issue

3. False Accusations

• Probation officers sometimes make mistakes, or new criminal charges may be based on false accusations.

4. Violation Was Corrected

• If you missed a meeting but immediately rescheduled and complied, the judge may reinstate probation.

What to Do If You Are Accused of Violating Probation

If you are facing a probation violation, take these steps immediately:

✔️ Do NOT admit to the violation – Anything you say may be used against you.
✔️ Contact a criminal defense attorney ASAP – A lawyer can fight for probation reinstatement or modificationinstead of jail.
✔️ Gather evidence – If you have proof of compliance (such as receipts for community service hours), collect and present them.
✔️ Prepare for a hearing – Your attorney can argue your case before a judge.

🚨 DO NOT ignore a probation violation notice—this can lead to an immediate warrant for your arrest.

How a Criminal Defense Attorney Can Help

A probation violation can have serious consequences, but an experienced attorney can:

✔️ Challenge weak or improper evidence
✔️ Negotiate with the judge for leniency
✔️ Fight to keep you out of jail
✔️ Request alternative sentencing (e.g., community service instead of incarceration)

At Bonderud Law, we aggressively defend clients accused of probation violations. If you are facing a violation hearing, contact us today for a consultation.

Conclusion

A probation violation in Florida can lead to jail or stricter probation terms, but having an experienced defense attorney on your side can make a huge difference. If you or a loved one has been accused of violating probation, act quickly to protect your rights.