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What Is Probation Violation?
We handle new-law offenses and probation violations. New-Law Offenses are those offenses that are fresh with no sentence imposed.
Probation violations are offenses that have already finished, and a sentence has already been imposed.
If you have violated your probation you should
contact us at Smith & Eulo, our criminal defense lawyers have over 100 years of combined experience successfully litigating these types of cases.
Probation Violation Explained
When you are sentenced to a crime, whether it was a negotiated plea or sentence from a judge, you will be sentenced to either jail time, prison time, or probation (community control in some instances).
Sometimes you'll even get a split sentence, which involves you doing a combination of jail/prison and probation. If you mess up while you are on your probation you will be violated (i.e. it will be a probation violation).
A violation occurs where you willfully and substantially violate the condition(s) of your probation.
A probation violation can be as petty as not paying your cost of supervision, to as large as committing a really bad new criminal offense while on probation.
Consider some of the ways you can violate probation:
- Not Paying Cost of Supervision
- Not Paying Restitution
- Dirty Urine Test (i.e. positive for drugs)
- New Criminal Offense
- Absconding (i.e. running away from probation)
- Not Reporting (not reporting to PO's Office)
- Not doing specific conditions as required by terms of Probation (i.e. community services hours, classes, etc.)
- Changing Address Without Telling PO
- Carrying illegal substances on you
- Disobeying specific requirements as ordered by Probation (not to hang out with known gang members, to stay out of the mapping zone, to refrain from drinking alcohol, etc.)
What happens if I violate my probation?
If you violate your probation, then a warrant will be out for your arrest. For misdemeanor offenses, your assigned probation officer would have to fill out an Affidavit of Violation. For felony offenses, the Department of Corrections Violation fills out the report.
When you are arrested for violating your probation a hearing will be set in place. This hearing would determine what consequences you may face. Depending on the type of crime you are on probation for, the judge may require you to return to a prison sentence and complete the years.
Understanding Different Types of Probation Violations
Probation is an alternative to incarceration, allowing individuals to serve their sentences in the community under court-mandated conditions. While probation provides an opportunity for rehabilitation, strict compliance with these conditions is required. Violating probation terms can lead to serious consequences, including the revocation of probation and incarceration.
Probation terms are tailored to the individual and may include regular meetings with a probation officer, maintaining employment or school attendance, abstaining from drugs and alcohol, completing community service, attending counseling, and staying within a designated area. Failing to adhere to these conditions can result in violations, which are categorized into two main types: technical violations and new offenses.
Technical violations involve failure to comply with probation terms, such as missing a meeting, failing a drug test, or traveling outside the designated area. While these are typically less severe, repeated violations can lead to more serious consequences, including increased supervision or additional conditions.
New offenses occur when the individual commits a new crime while on probation, such as theft, violence, or driving under the influence. These violations are considered more serious and often result in harsher penalties, including the revocation of probation and potential imprisonment.
The consequences for probation violations vary depending on the severity and nature of the violation. These can include warnings, increased supervision, additional conditions, or, in extreme cases, probation revocation. To avoid violations, individuals should understand their probation terms, stay organized, communicate with their probation officer, and seek support if needed. Compliance is essential for successful rehabilitation and reintegration into society.
The VOP Warrant vs On-View Probation Violation
When a violation occurs the Probation Officer will submit a
VOP warrant to the judge, the judge will sign it, and a warrant for your arrest will go out.
You do not receive credit for jail time served until the warrant is actually served on you and you are in custody (relevant for those who are incarcerated in another county and have outstanding warrants).
An
on-view violation occurs when a police officer or judge violates you. This is not done with the proper "warrant paperwork."
When you see an on-view violation it's usually where a person is arrested for a new offense, and the police officer violates them on their outstanding probation in conjunction with the new arrest.
At first glance, this may seem mean or hostile by the officer but it's actually very favorable because you immediately start getting jail credit for both cases at the same time. Whereas if there wasn't an on-view violation, you'd be sitting in jail on one case and not getting credit on the other.
Defenses to a Probation Violation
There are countless examples of how each violation can be disproved. However, the main two arguments, at the center of every single Probation Violation are
- it didn't happen, or
- it did happen but I wasn't intentionally/willfully doing it.
For example, "I didn't pay my restitution but I couldn't afford it, I had no money". Where there is no intentional or willful act there is no probation violation.
Probation Violation Sentencing (Penalty/Scoresheet)
When you have a felony probation violation you get 6 points automatically added to your previous scoresheet (the one where you were originally sentenced).
When you have violated previously, and this is a second or third violation, those 6 points get added on, again and again, depending on which number of violations this is. Where you have a Probation Violation, you can expect the court to move quickly. Your options are often limited. However, a skilled lawyer will make the best out of those limited options:
- Option 1: Plea to Bench: Judge has to sentence you to Guidelines if you score unless there was a stipulated downward departure before or during the initial sentence, or unless there is statutory mitigation that can be used to provide a reason for departure.
- Option 2: Negotiated Plea: Make a deal with the State. This is the most common where there is a probation violation.
- Option 3: Go to a hearing and fight the VOP. The burden of proof at a Probation Violation hearing is quite low (preponderance of the evidence is the standard). If you win then no consequences and you are placed back on probation. If you lose you go back to Option 1 (plea to the bench.
- Option 4: Delay the VOP and try to beat the new-law offenses. If you lose on the new-law offenses you will have 12 points added to your VOP scoresheet for every single new law you are found guilty of. This is the home run/strikeout approach. You can be wildly successful or you can face serious penalties. Also know that even if you go to trial on the new-law offenses and win, that doesn't mean the State won't go forward on the VOP hearing, trying to win on a lesser standard (that happens all the time).
New-Law Offenses as Basis for Probation Violation
As stated above, every new-law felony offense that is resolved prior to probation violation being resolved will result in 12 points added to the VOP scoresheet.
Be incredibly careful where you have new-law offenses and VOPs that are all felonies and intertwined. It can be difficult and if you don't know what you're doing there can be serious consequences.
Probation Violation, The Anti Murder Label
A subsection of Anti-Murder by itself will be found on another page on this site. You can also
click here for a quick description of the act. However, for the purposes of this section, a brief discussion is in order.
Generally, you are anti-murder if you fit under three sections:
- You are on probation for a qualifying offense and if you violate in any way,
- You are on felony probation and you violate by picking up a new-law qualifying offense.
- You are on felony probation, you have past anti-murder (i.e. qualifying) crimes on your record, and you violate your probation.
If you are anti murder there are several problems that arise:
- No Bond: You can't bond out until VOP is resolved.
- Add 12 points to the scoresheet: instead of tradition +6 points for VOP, you get 12 points added.
- Danger Hearing: before you are released on non-incarceration sanctions you must go through a danger hearing.
Drug Court/Residential Treatment
When people have a probation violation and they are looking for options, Drug Court and Residential Drug Treatment are often good ways to help show the judge or the State that the person is genuine and wants/needs treatment.
Consider these options with your attorney and discuss whether they apply to your probation violation.
- Click here for a more comprehensive and detailed list of Probation Violations.
If you or your loved one find themselves in a situation where you are being accused of Violating probation, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:
*Additional Orlando Florida & Orange County Legal Resources
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