VIOLATION OF PROBATION

In Florida, many offenders are put on Probation either as an alternative to jail or prison or in addition to jail or prison as a form of extended supervision. A violation of probation occurs where a defendant willfully and substantially violates the conditions of his or her probation.

By Florida Statute Chapter 948:

Probation is a form of community supervision requiring offenders to abide by court-ordered terms and conditions.

In Lee, Charlotte, Hendry, Collier, and Glades County a Probation Violation will usually result in the offender being held without bond meaning they will remain incarcerated during the pendency of the violation.

TYPES OF PROBATION

There are different types of Probation as outlined by the Statute 948.001:

REGULAR PROBATION - a form of community supervision requiring specified contacts with probation officers and other terms and conditions.

ADMINISTRATIVE PROBATION - a form of no contact, nonreporting supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to this type of reduced level of supervision.

DRUG OFFENDER PROBATION - a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads.

COMMUNITY CONTROL - a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.

MENTAL HEALTH PROBATION - a form of specialized supervision that emphasizes mental health treatment and working with treatment providers to focus on underlying mental health disorders and compliance with a prescribed psychotropic medication regimen in accordance with individualized treatment plans.

SEX OFFENDER PROBATION - a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training.

COMMON TYPES OF VIOLATIONS

  1. New law violations;

  2. Technical violations;

  3. Positive drug or alcohol tests;

  4. Failure to pay (financial violations);

  5. Failure to appear for appointments or reports.

PENALTIES

A Violation of Probation exposes the offender to the originally maximum sentence allowed for the original offense therefore, the court may impose any sentence which it might have originally imposed on the offender at sentencing up to but not in excess of the statutory maximum penalty for the original offense at issue.

Remember, in Florida, you are entitled to a hearing for any Violation of Probation and because you may be held without a bond it is important to have an attorney on your side as soon as possible. The penalties can be severe depending on what you were placed on probation for and the burden of proof is lower so make an appointment with us today to discuss your options.

 

Did you violate your probation? Contact us today.

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