Probation Violation Lawyer in Jacksonville, FL

What is Probation?

Probation is a system wherein a person convicted of a crime is released back into the community instead of serving the jail sentence imposed as punishment for their offense. It is a form of supervision program, where the offender must abide by specific conditions dictated by the court and overseen in most cases by a probation officer charged with keeping tabs on the offender.

If the individual doesn’t complete any of the mandated requirements to the satisfaction of the officer and/or the court or fails to comply with any of the terms of their probation, they can be charged with a violation of probation or VOP.

Being charged with probation violation can be very serious. A violation comes with the possibility of invalidating months, and even years of hard work, as probation is revoked, and the person is taken back into custody to serve their original sentence.

Common Requirements of Probation in Jacksonville, Florida

As stated, probation and its terms are dictated by the judge who has presided over the criminal case. Terms commonly imposed by the court include:

Regularly reporting to their probation officer
Maintaining gainful employment
Submission to random drug and alcohol testing
Community service
Payment of fines and court fees
Restitution to victims, if applicable
Avoiding specified areas and the criminal element
Confinement to county, or city

The offender is, of course, expected to adhere to the law and avoid the commission of any new infractions

Imposing terms on probation tend to vary according to factors including type of offense, harm sustained by any victims, and the prior criminal history of the defendant. Each probation is unique in its own way. What is most important to remember is that the offender must adhere to these terms to the letter, or risk a violation of probation.

What Happens After a Violation of Probation?

When a judge signs a violation order as petitioned by a probation officer, a warrant for the offender’s arrest is usually issued at the same time. Once apprehended, the individual will be brought before a judge, and a determination made as to whether or not a violation did, in fact, occur.

This is a precarious position for a defendant, for whom most defenses are compromised by virtue of the violation itself. There is no jury seated for a VOP hearing, but the defendant will be given an opportunity to explain themselves to a judge or to deny that there was a violation at all. Witnesses against the defendant can be called to testify, and the court can compel the defendant to testify against themselves.

If a person is apprehended on a probation violation, they are expected to remain in custody until their case comes before the judge, which can be weeks, and even months away. It is very unlikely that the possibility of bail will be afforded on a violation of parole arrest. Unless an attorney representing them can secure their release, the offender must remain in jail until their court date.

Because VOP offenders are generally not legally protected as thoroughly as someone who has not been convicted, there can be little recourse available to them other than their legal counsel. This is why it is so important to retain the services of an experienced criminal defense lawyer like the attorneys at Smith & Eulo if you have been charged or believe you will soon be charged with a violation of probation.

Defending Against A Violation of Probation Charge

As potentially disastrous as a VOP can be, many times it is possible to reach out to the probation officer and clear up what is likely a misunderstanding. Providing the violation in question is a technical one, where the act isn’t willful, and may well be an honest mistake, as opposed to a substantive violation, where a new offense has occurred, legal representation may be able to smooth things over before the petition for violation of probation is petitioned to the court.

Barring this, an experienced legal advocate can help the defendant show that any infraction was not intentional and that they made every effort to comply and adhere to the terms of their probation. If it can be shown that the defendant acted both reasonably and responsibly, it is entirely possible that the judge will rule in favor of the defendant.

Call Smith & Eulo in Jacksonville, FL for Probation Violation Defense

The expert lawyers at Smith & Eulo have years of experience navigating the complex probation system in Florida and can help if you have been charged with a violation of probation or have reason to believe you soon will be.

If you or your loved one find themselves in a situation where you are being accused of probation violation? Call us right away at 904-714-4405 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 Jacksonville office, we have offices in the following cities across the state of Florida:

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After you’ve been arrested and convicted, your penalties moving forward may include probation. Probation is when an offender is allowed to return to their community under the supervision of their parole officer and certain regulations. It’s meant to rehabilitate a person as they’re immersed in community rehabilitation.

Whether or not you’ll receive the opportunity for probation can depend on the context of your case, such as your age, the situation, and other factors. However, probation is a privilege–in some cases, probation is awarded to previously incarcerated individuals who displayed good behavior and thus earned a split sentence.

Probation allows you to maintain limited freedom, as long as you obey the restrictions you’re under. If you’ve knowingly or unknowingly violated a probation regulation, you need to contact an attorney immediately.

Types of Probation

If you’ve been sentenced to a period of probation, you may be under one of the following types of probation:

Regular Probation: obey certain conditions, regular contact with probation officers
Administrative Probation: obey certain conditions, no probation officer
Community Control: supervised custody, restricted travel permissions, and maybe under police surveillance
Community Control II: full-time supervision of probation officers, confined to your residence, subject to electronic monitoring
Sex Offender Probation: strict supervision of a probation officer, court-mandated treatment

Each type of probation will have different restrictions, if you’ve broken a restriction you need to contact an attorney immediately

What is a probation violation?

You’ve committed a probation violation if you’ve broken the terms of your probation, or committed a new crime. In court, the standard of proof for probation violations is much lower than in normal criminal cases. This means that your probation could be revoked because of a minor charge.

If you’ve broken probation regulations, you’ll only be penalized if the prosecutor is able to prove that you willfully and intentionally violated the rules. By working with an experienced attorney, they can strategize a defense and explain that any broken violations were due to circumstances outside of your control or they were an accident.

What acts are considered probation violations?

If you’re on probation, you can commit a technical or substantive violation.

Technical Violations

Technical violations happen when you don’t meet the conditions of your probation. Examples of these include:

Not reporting to your probation officer on time
Not avoiding prohibited locations or people
Not paying your court-ordered fines
Not appearing in court
Not getting a job
Failing a drug test
Not reporting to rehabilitation programs

Substantive Violations

A substantive violation is more serious and thus the punishments are more severe. A substantive violation occurs when a new crime has been committed during your probation. There’s no statute of limitations with substantive violations. Some examples of substantive violations include driving drunk, selling or possessing illegal drugs, using illegal drugs, and shoplifting.

As mentioned previously, probation violation cases are different from criminal cases. Prosecutors need only prove that you most likely violated the terms of your probation in order to convict you. This makes working with an experienced attorney invaluable.

What happens after I’ve violated my probation?

If your parole officer or another officer of the law suspects that you’ve violated the terms of your probation, the circumstances of your violation will determine how they react. If your suspected violation was relatively minor, they may just let you go, but if you’ve committed a misdemeanor or felony act, the officer may fill out an affidavit detailing their sworn statement on how you violated the rules of your probation.

After the judge reviews the affidavit, they may issue a warrant for your arrest, or they’ll send you a notice to appear in court

Court Appearances

When you’re presented in court, you’ll have the chance to present your side of the story of the court. You have the right to a written notice detailing your violations, as well as being heard by an impartial and fair judge.

However, the prosecution will be working against you, attempting to prove that you willfully and substantially broke the conditions of your probation. They’ll do this with non-hearsay evidence, like the officer’s affidavit. Your attorney can take the facts of your case and use them to craft a defense against your charges.

What are the penalties for probation violations?

If you’re found guilty of violating the terms of your probation, you may have to go back to prison to finish your sentence. Punishments will depend on the severity of your violation as well as your criminal past. examples of light offense penalties are:

Additional probation terms
Behavioral boot camp
Community service hours
Extension of the probation period
Mandatory rehabilitation programs and counseling
Penalties for serious offenses include:
Prison or jail term
Restitution to the victims
Monetary fines

If you’re found guilty of a probation violation, the court may also convict you of your original charges.

If you or your loved one are in need of information on Probation Violation, call us at 813-359-8667 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 Tampa office, we have offices in the following cities across the state of Florida:

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Probation violation charges are highly sensitive situations and require the help of an experienced probation violation lawyer. In Florida courts, the standard of proof for probation violation cases is much lower than that in normal criminal cases. This means that the most minor offenses, like driving with an invalid driver’s license, could lead to your probation being revoked.

Smith & Eulo Law Firm knows that, in these cases, your way of life is on the line. If your probation is revoked in Volusia County, it can affect your family, your job prospects, and your financial well-being. Our criminal defense attorneys are determined to defend you against these charges with timeliness and efficiency, don’t hesitate to contact us, we offer free consultations and we will tailor the defense of the case to fit your individual case or situation.

What is Probation?

Probation is a type of community supervision with the goal of rehabilitating you while protecting society. There are certain unique requirements that each probationer must follow in order to not be in jail. Because every case tends to have its own unique circumstances there are several types of probation that a defendant may have to abide by.

Types of probation

Regular Probation: obey certain conditions, regular contact with probation officers
Administrative Probation: obey certain conditions, no probation officer
Community Control: supervised custody, restricted travel permissions, and maybe under police surveillance
Community Control II: full-time supervision of probation officers, confined to your residence, subject to electronic monitoring
Sex Offender Probation: strict supervision of a probation officer, court-mandated treatment

What is a probation violation?

You commit a probation violation when you ignore, avoid, refuse, or otherwise break the terms of your probation at any time during the probationary period. There are two kinds of probation violations: Technical and Substantive.

Substantive

Substantive violations occur when you commit a new crime while on probation. This type of violation is the more serious of the two types, and there’s no statute of limitations on a crime you committed while on probation. You can be arrested and convicted of a new crime you committed while on probation at any time. Examples of new crimes include shoplifting, driving drunk, or using, possessing, or selling illegal drugs (any type of drug crime for that matter), and domestic violence.

If an officer believes you’ve committed a new crime, they could immediately place you under arrest and file an Affidavit of Violation of a Department of Corrections Violation Report. In this affidavit, they’ll give their sworn statement on how you violated the terms of your probation. This can be used against you in court since courts will have to prove that you willfully and substantially violated your probation with non-hearsay evidence.

If the violation is more serious, your probation officer may determine that your violation will require a probation hearing. In these hearings, your case will be decided solely by a judge. The judge will factor in your past history of behavior while on probation and the relevant circumstances of the alleged violation.

Technical

Technical violations are less severe and are most often related to your failure to meet the conditions of your probation. Common probation violations include:

Failing to report to your probation officer as required
Failing to avoid certain people or locations as directed by probation terms
Not paying fines or restitution as ordered by the court
Missing court appearances
Failure to maintain lawful employment
Failing a drug test
Failing to report to mandated rehabilitation programs

Because probation cases are different from criminal ones, the court determines your penalties. This can be good or bad. When you’re facing a probation violation charge, it allows a defendant to talk directly to the court and explain the circumstances around their violation. Defendants can also argue as to why revoking probation would be the wrong choice. However, this also gives the courts the power to revoke your probation for relatively minor violations.

How can I defend myself against a probation violation charge?

In court, the state prosecutor will have to show a willful and substantial violation of probation occurred based on the greater weight of non-hearsay evidence. However, the prosecutor must only prove that you most likely violated your probation. If it’s more than likely that you’re at fault for the violation, you can be found guilty. Because the standard of proof is so low in these cases, legal representation is critically important.

Your probation violations must be proven willfully and substantially in order to be convicted because, if you’re found guilty of a probation violation, the court could convict you of any penalties from your original sentencing. Where a defendant makes reasonable efforts to comply with a condition of probation, a violation cannot be deemed “willful.”

An experienced probation violation attorney can craft a legal defense showing that any violations you may have committed were accidental or you didn’t know they were occurring. For example, if you are restricted geographically in your probation, and you’re charged with having driven to the next county over, we can prove that you unknowingly drove into another county due to a lack of signage. Our criminal defense lawyers will employ any and all evidence to defend against your probation violation charges.

If you are arrested on violation of probation and are currently facing these charges, we can provide you with legal advice for the circumstances of your alleged violation, and stop any further ramifications from affecting your future, at Smith & Eulo we pride ourselves in ensuring there is a great attorney-client relationship, so our clients feel comfortable providing all the information needed to defend them.

If you or your loved one find themselves in a situation where you are being accused of Probation Violation? Call us right away at 386-310-2011 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 Daytona Beach office, we have offices in the following cities across the state of Florida:

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Depending on the nature of the situation, age of the offender, and other factors, courts sometimes award a probation sentence. Accordingly, the person is allowed to return to the community on the condition that they will comply with specific rules. They must also remain under the supervision of the law officer assigned to them. Probation can be awarded after a detention period if the defendant has been displaying good behavior. Or, as a part of a split sentence where the offender spends a part of their sentence in prison and the other on probation.

Get in Touch with an Experienced Lakeland Probation Violation Lawyer

A probation violation is breaking the conditions of the probation or committing a new crime while under sentence for a previous offense. The underlying factor that determines a probation violation is intent. Offenders can only be penalized for probation violation if they willfully and intentionally violated the rules. If you’ve been charged with a probation violation, you need to contact us right away, our lawyers have over years of combined experience handling criminal cases in Florida, including Lakeland and all of Polk County. We can argue that you broke the rules by accident or because of circumstances that were out of your control. As long as you can provide adequate evidence, you won’t be prosecuted. Give us a call today for your free consultation.

Probation Violation Situations

If you’ve been awarded probation, you must take the time to understand the terms and follow the rules carefully. You can be prosecuted for not complying with regulations like:

Failing to pay the cost of supervision
Committing a new offense while still under probation
Using or possessing drugs and having a positive drug test
Failing to appear in court on schedule
Failing to report for appointments with the Probation Officer (PO)
Leaving the state or changing a residential address without informing the PO
Failing to pay the required restitution to the victim
Absconding or running away from the PO
Not completing mandatory court orders like specified community hours, counseling, or classes
Not obeying other court orders (drinking alcohol or hanging out with known gang members)

Consequences of a Probation Violation

The consequences of a probation violation depend on the original offense for which you were sentenced to probation. Violating probation rules does not always result in penalties. The PO has the authority to arrest the defendant and present them in court or let them off with a warning. In case of misdemeanor offenses, the probation officer fills out an Affidavit of Violation. However, if the original crime was a felony, the Department of Corrections completes the report.

On viewing the report, the judge may issue a warrant for the offender’s arrest. Alternatively, a notice to appear may be given to first-time offenders or people who were sentenced for qualifying crimes.

What Happens at a Probation Hearing

If the PO arrests and presents you in court for a probation violation, you’ll have a hearing where the judge will listen to the facts of the situation. The prosecution will provide evidence to prove that you broke probation. Your attorney will also offer proof that you did not intentionally violate the rules. The Constitution entitles you to receive a written notice of the violations for which you have been arrested along with competent representation in court.

Typical Penalties for Probation Violation

An unbiased judge will hear the case, and if the offender is found guilty, they may have to go back to prison to complete the rest of their sentence. Or, comply with whatever alternate punishments the judge awards. These penalties may depend on the original offense for which the defendant has received probation and whether they’ve been found guilty of similar crimes in the past.

For lighter offenses, the court may order:

Additional probation terms
Behavioral boot camp
Community service hours
Extension of the probation period
Mandatory rehabilitation programs and counseling

For serious offenses, the court may order:

Prison or jail term
Restitution to the victims
Monetary fines

Perpetrators who commit a new crime or are charged while still serving their probation must face harsher punishments. In addition to getting the probation revoked, they may get further penalties for the new offense.

Contacting Smith & Eulo Law Firm Should Be Your First Priority

If you or your loved one find themselves in a situation where you are being accused of Probation Violation? Call us right away at 863-272-7010 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 Lakeland office, we have offices in the following cities across the state of Florida:

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If you have been sentenced for a crime, your lawyer might move the court to accept a plea and order probation. Accordingly, you’re allowed to return to the community on condition that you follow certain rules.

At times, the court orders a combination or split sentence. You spend only a portion of the sentence in prison and stay on probation for the remainder. You must display good behavior and remain under the supervision of a probation officer.

If you break the rules of your probation, that is called a violation. If you’re facing violation charges you need to contact us now, an Ocala, FL probation violation lawyer is the key to presenting the valid reasons for your offense.

What Counts as a Probation Violation?

You can be prosecuted if you intentionally break the rules of probation. However, if you’ve violated the conditions of probation by accident and you have proof, the court may overlook the offense.

Here are some of the general situations that can be considered a probation violation.

Not paying the court-mandated fines or restitution
Leaving the state without informing the PO
Committing a new criminal offense during the probation term
Changing your address without informing the PO

Other violations occur when you don’t attend mandatory commitments:

Not showing up to meetings with your probation officer (PO)
Not showing up for your court visits
Not completing any other conditions of the probation like community service hours or rehabilitation classes

These probation violations are specific to the use or possession of drugs and alcohol:

Possessing or trafficking drugs
Testing positive on a urine drug test
Drinking alcohol when the court has ordered you not to

A Probation Violation Results in an Arrest Warrant

If you violate any of the conditions of probation and you’ve committed a misdemeanor, the probation officer fills out an Affidavit of Violation. Of course, there is a chance that your PO lets you off with a warning, but it’s up to them. In case of a felony offense, the Department of Corrections Violation fills out the report and a warrant is issued for your arrest.

Once arrested, you will be taken to court for a hearing. Depending on the conditions of the case and other circumstances, the court may choose to send you back to prison and order that you complete the remaining prison term. If you’re arrested for a new crime during probation, the police officer could issue a probation violation in conjunction with the new arrest. This is called an on-view violation.

A Court Hearing Determines the Consequences of the Probation Violation

If you go to court for a hearing due to a probation violation, the judge determines whether you’ve willfully and intentionally broken the rules of the probation. If so, the judge decides what consequences will follow.

For instance, if you missed appointments because of traffic or any other situations beyond your control, your Ocala, FL probation violation lawyer will provide the necessary proof. You could get off with leniency or less severe punishments.

During this hearing, you have the right to a written notice detailing the specifics of the violation. You must be heard by a fair and impartial judge. You are also entitled to the assistance of a qualified attorney and the ability to provide necessary evidence.

You Could Face Different Sentences Depending on the Nature of the Offense

If you’ve been found guilty of breaking the rules of the probation, the judge could impose penalties. Several factors are taken into consideration such as the kind of offense and whether you’ve broken the probation conditions before. However, these penalties cannot exceed the maximum punishment for the original offense.

Some of the penalties can include:

Community service hours
A longer probation
Additional rules added to your probation terms
Mandatory rehabilitation programs
Monetary fines
A prison sentence
Payment of restitution to the victims of your crime

If the offense is severe, the judge may choose to revoke the probation and order you to complete the remainder of your prison term.

How Having a Probation Violation Helps

People often find that they’ve unintentionally broken the conditions of their probation. Unavoidable situations can result in missed appointments.

If you find that your probation has been revoked, get in touch with us right now, our lawyers have been practicing in Marion County and Ocala, FL for many, many years and they will be able to represent your case in court. The attorneys here at Smith & Eulo have handled hundreds of similar cases in over 100 years of working in Florida. Rely on them for valuable advice. They will create a strong defense that could win back your freedom.

If you or your loved one find themselves in a situation where you are being accused of Probation violation? Call us right away at 352 505-9810 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 Ocala office, we have offices in the following cities across the state of Florida:

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We Serve Ocala, FL

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What Is Probation Violation?

Probation violation in Kissimmee occurs when you break the terms of your probation imposed as a sentence from a previous crime.

When you are sentenced for a crime, it’s often in the form of prison time, probation, or a combination thereof. If you commit another offense or behave in ways that do not conform to the rules set forth by your probation, you’ll be charged with a probation violation.

There’s an important distinction to keep in mind, however. Probation violations require intent. In other words, you can only be prosecuted if you’ve willfully and intentionally broken the rules of your probation. While you can be charged for violations that occur by accident (missing curfew due to traffic and other circumstances beyond your control), these situations don’t constitute crimes and with adequate proof, you cannot be prosecuted.

Situations Which Constitute Probation Violation

Various scenarios can lead to a probation violation in Kissimmee, FL, so it’s essential to understand and obey the rules set forth by the court and by your probation officer (PO). Some examples of what may land you in hot water throughout your probation term include:

Failure to report for scheduled PO appointments
Failure to appear for scheduled court visits
Nonpayment of court-required fines or restitution
Drug possession, trafficking, or positive urine drug screen
Leaving the state without PO permission
Committing other crimes during your probation term

I Violated My Probation. Now What?

If you violate your probation, your PO will file an Affidavit of Violation (and a Department of Corrections Violation Report in felony cases). If there are sufficient grounds, law enforcement will issue a warrant for your arrest. A violation doesn’t necessarily guarantee a stiff punishment, though. In fact, probation officers are permitted to use their best judgment in how to proceed and may choose to issue a warning or require you to appear in court.

Probation Hearing

If you’re required to go to court for probation violation, you’ll be subject to a hearing to help determine whether you’ve legitimately broken probation rules and any necessary consequences. In this hearing, your legal team must provide more credible evidence of your innocence than the prosecution has of your guilt (known as preponderance of evidence) to decide if you did or didn’t commit a probation violation. Throughout the process, you have specific rights, too, including:

Written notice of the specific violations
Attorney representation in court
Ability to present evidence to support your case
Hearing by a neutral judge

If you’re found guilty for probation violation after a formal hearing, you’ll face additional consequences. Sentencing typically happens a little while later, and punishments vary widely.

Sentencing for Probation Violation in Kissimmee

Following a guilty verdict at a hearing, you’ll be sentenced for probation violation. Judges are free to impose penalties up to but not in excess of the maximum for the original offense. They consider several factors when it’s time to hand down a sentence for probation violation, including the nature of the offense and whether you’re a first-time or repeat offender.

Some of the lighter penalties for violating your probation include:

Community service
Probation extension
Added probation terms
Mandatory rehabilitation programs
Behavioral boot camp

Serious penalties include:

Monetary fines
Restitution to victims
Prison sentence

In the most serious cases, the judge will revoke your probation altogether. If this happens, you’ll be required to serve the remainder of your original sentence in prison.

Reported for Probation Violation in Kissimmee? Smith & Eulo Law Firm Can Help!

If you or your loved one find themselves in a situation where you are being accused of probation violation? Call us right away at 407-818-1141 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 Kissimmee office, we have offices in the following cities across the state of Florida:

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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