If you’re on probation in Florida, you are under a court order. That means every condition matters. A Violation of Probation in Florida (VOP) is serious – and it can result in jail or prison time, even if the original charge did not.
As a criminal defense attorney, I often tell clients: probation is an opportunity – but it’s also a tightrope. One misstep can put you back in front of a judge quickly.
What is probation?
Probation is a sentence that allows someone to remain in the community under supervision instead of serving time in jail or prison. Conditions typically include:
- Reporting to a probation officer
- Paying court costs, fines, or restitution
- Completing classes (DUI school, anger management, etc.)
- Community service hours
- Drug and/or alcohol testing
- No new law violations
The specific terms and conditions depend on the case.
What counts as a Violation of Probation?
There are two main types:
1. Technical Violations
These involve failing to comply with probation terms, such as:
- Missing a meeting with your probation officer
- Failing a drug test
- Not completing required classes
- Not paying fines or restitution
- Moving without permission
2. Substantive Violations
This occurs when someone is arrested or charged with a new criminal offense while on probation.
Even if the new charge is later dropped, the court can still find a violation based on the underlying conduct.
What Happens After a Violation Is Alleged?
When a probation officer files an affidavit alleging a violation:
- A judge may issue a warrant.
- You can be arrested and held in jail without bond.
- You have the right to have a Violation of Probation Hearing
Unlike a regular criminal trial, at a Violation of Probation Hearing:
- There is no jury.
- The burden of proof is lower
- Hearsay is admissible.
What Are the Possible Consequences?
If a judge finds a willful and substantial violation, the court may:
- Reinstate probation
- Modify probation
- Add additional conditions
- Revoke the probation and impose any sentence that could have originally been imposed
This means someone on probation faces up to the statutory maximum jail or prison for each charge.
For example:
- A third degree felony carries up to 5 years in prison.
- A second degree felony carries up to 15 years in prison.
- A first degree felony carries up to 30 years in prison.
Can a Violation Be Defended?
Yes. Not every violation results in revocation.
Key defenses include:
- The violation was not willful
- The violation was not substantial
- Inability to pay (for failure to pay restitution)
- Completion of conditions before the hearing
- Weak or unreliable evidence
For financial violations, the court must consider whether the failure to pay was due to inability rather than refusal.
Why Acting Quickly Matters
Violation cases move fast. Once a warrant is issued, you could be taken into custody and without bond until your hearing.
Early intervention can sometimes:
- Prevent a warrant
- Arrange a self-surrender
- Gather mitigation
- Position the case for reinstatement rather than revocation
If you are facing a Violation of Probation in Florida, it is critical to speak with an experienced criminal defense attorney immediately. The right strategy can make the difference between reinstatement and incarceration. Call Wanda Greene today at 352-289-1309.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Always speak with an attorney about your specific situation.