Violation of Probation in Florida

Instead of jail time sentence, many individuals in Florida who are convicted of crimes are given probation. When there is an accusation of violation of probation, the probation may be revoked, and the person who violated the probation may be put behind bars. Thus, it is very important that a lawyer should work with the person in building a solid defense in order to have a greater chance of receiving a positive outcome.

A Florida judge can sentence a person to jail or prison for the maximum time an offender was facing on the substantive charge. An example of this is when a person was placed on probation for a third degree felony and he violated the probation, and then he might be looking at five years in Florida State Prison for the violation. If the person was originally charged with a misdemeanor and was given probation and committed violation of probation, then may receive up to one year in the county jail.

In so far as the types of supervision that can be ordered by the court, there are different ones like the following:

The Department of Correction has the authority over a defendant once he is ordered by the court to be regular probation, drug offender probation, and administrative probation or otherwise known as mail-in probation, community control or house arrest, sex offender probation. The person under probation should meet all the requirements and agree on terms and conditions of the probation. If there is a slip up or a mistake by violating any of the conditions, then he is considered to be in violation of the probation.

There are two types of violations – substantive violation and technical violation. The first type is when you have been charged with a new criminal violation while on probation while the second one is when a probationer either fails to comply with what he has been ordered to do as part of his probation or he does something that go against the terms and conditions.

Here are some examples of violations:

1. Failure to notify probation officer of a new change of address

2. Failure to complete a drug or alcohol rehabilitation program in a specified period of time.

3. Positive testing for drugs or alcohol.

4. Failure to file a monthly report

5. Failure to report to the probation officer.

6. Failure to pay for the fees and court costs.

7. Probationer failed to get approval for out-of-state or out-of-county travel.

 Probation violation is a serious issue. This should be handled by an experienced criminal lawyer.