If an individual violates their probation in the State of Florida, they may face a variety of legal consequences, which may include:
- Revocation of their probation
- This means their original sentence may be imposed
- Being sentenced to incarceration
- Extending probation or imposing stricter conditions
- Imposing additional penalties
- This may include community service, fines, restitution payments, or mandatory rehabilitation programs
- Creating a criminal record
- This may cause issues with the ability to find housing, employment, and other opportunities in the future
Probation is a sentence that may be available for a defendant instead of incarceration in a criminal case. It allows a defendant to remain in their community, while being subject to restrictions and conditions.
Individuals who are eligible for probation are usually first time offenders who are convicted of lesser charges, such as misdemeanor charges. Individuals on probation are typically supervised by a probation officer.
A probation officer ensures that the defendant is following all of the requirements set out by the court. If the defendant does not follow these requirements, it will be considered a probation violation.
If an individual has been accused of violating their probation in Florida, they should consult with a Florida lawyer as soon as they can. An attorney will be able to provide legal advice as well as try to negotiate with the prosecution for a more lenient sentence, when possible.
What Are Common Probation Violations?
There are certain violations that are commonly committed by individuals who are on probation, which include:
- Committing a new criminal offense
- This often results in probation revocation
- Failure to report to the probation officer
- Not paying court costs, restitution, or fines
- Not completing court-ordered programs, such as community service, alcohol or drug rehabilitation, or anger management
- Failing an alcohol or drug test
- Absconding, or failing to report to meetings with the probation officer or moving without permission
Do You Automatically Go to Jail for Violating Probation?
Violating probation does not automatically mean an individual will go to jail. If an individual does not comply with the terms of their probation, they can be charged with a probation violation, as noted above.
It is important to note that, if the alleged violation is a minor violation, such as having one drink of alcohol, the individual may only receive a warning. In most situations, when an individual violates the terms and conditions of their probation, they will be required to attend a probation violation hearing.
During this hearing, the court will determine if the defendant did, in fact, violate their probation as well as the consequences they will face if it is determined that they did. The prosecution will need to show that the defendant violated their probation by a preponderance of the evidence.
This means the prosecution must show that it is more likely than not that the defendant did violate their probation. Probation violation hearings are similar in process to a trial.
Both the prosecution and defendant can present evidence, call witnesses, and present arguments. The standard of proof in these hearings is lower than that of a criminal trial, which is beyond a reasonable doubt.
It is important for a defendant to have legal representation during their probation violation hearing, as the consequences they face can be severe. If the court determines that the defendant did violate their probation, it may either allow them to remain on probation while imposing harsher terms or revoke their probation and impose their original sentence.
When determining the consequences, a court will review several factors, including whether it is the first violation and the recommendations of their probation officer.
How Much Jail Time Can You Face for Violating Your Probation?
How much jail time an individual can face if they violate their probation will depend on the violation and the original sentence. Typically, there are only two violations that result in a defendant being ordered to serve their original sentence.
These are called revocable offenses. They include absconding, or trying to evade supervision, often by moving without informing their probation officer, and new criminal convictions.
If a defendant skips one meeting with their probation officer, it may be considered a minor violation. However, missing multiple meetings or avoiding being located can result in a court immediately reinstating their original sentence.
If an individual who is already on probation is convicted of a new crime, the court can reinstate their original sentence and may also add additional time for the new offense. Typically, the jail time that a defendant will face for violating their probation by a revocable offense will be the maximum available time under the original sentence.
Committing additional criminal offenses is one of the worst things a probationer can do.
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Can You Bail Out of Jail After a Probation Violation?
In the State of Florida, a defendant is not automatically guaranteed bail after a probation violation. The court will have discretion to set a bond, set a zero bond, where the defendant cannot be released, or order the defendant to appear on a set date.
Whether or not a defendant is eligible for probation violation will vary, often depending on the type of probation. The court can consider the nature of the probation violation, the defendant’s prior criminal record, and their ties with the community when determining whether or not to set bail.
In addition, if the court does allow a defendant to bond out, they may be subject to additional restrictions. These may include mandatory drug testing or treatment and restrictions on travel.
Can a Probation Violation Be Dismissed?
Yes, a probation violation may be dismissed. There are certain types of probation violations that may be considered small technical or minor technical violations, such as:
- Missing a meeting with their probation officer
- Associating with individuals they are prohibited from being around
- Failing a urine test
These may be dismissed by the probation officer or by the court during the probation violation hearing. It is important to note that neither a probation officer nor a court is required to dismiss a minor violation and they may have a major effect on the probationer’s life.
Because of this, it is essential for an individual who is on probation to adhere to the terms of their probation as fully as possible.
Should I Hire a Lawyer To Reinstate Probation?
If you have been accused of violating the terms of your probation in Florida, it is very important to consult with a Florida criminal defense attorney. Your defense lawyer can explain the possible consequences of your situation, advise you on the process, and protect your rights.
Having a lawyer will ensure that you are able to present the best possible case and any defenses that are available in your case and that you have representation during the hearing. If you have violated your probation, you may be facing severe consequences that can affect nearly every aspect of your life.
You can use LegalMatch’s no cost lawyer matching services to find a criminal defense attorney in your area of Florida in as little as 15 minutes. In about 24 hours, you will receive responses from member defense lawyers near you who can help you with your probation violation issue.
