What Happens If I Violate My Probation in Florida?

Violating probation in Florida can have severe consequences, and any accusation that you have violated the terms of your probation should be taken very seriously. If you are found in violation, you run the risk of facing very severe penalties. Depending on the original terms of your probation and the type of violation that may have occurred, probation violation sentences can be severe, and you might even lose your freedom.

A violation of probation happens when you are not in compliance with the terms of your probation. Probation is not considered a right but a privilege, and as such, it can be taken away if you do not follow the terms that you have agreed to. The principal function of probation is to rehabilitate wrongdoers and protect society. Violations of this privilege are a big deal and can have serious consequences. That’s why if, for any reason whatsoever, you violate probation, speak with a probation violation attorney near you immediately.

What Is a Probation Violation?

The terms and conditions and the probationary period will be different depending on the original charge. When you are sentenced to probation, the judge lays out the conditions, and you will receive written documentation of the terms.

Probation is generally granted to first-time offenders or low-risk offenders. Although statutes govern when it is possible to get probation over jail time, it is up to the judge to decide whether or not to allow it. And they must stay within statutory limits.

There ate technical violations of probation and substantive violations of probation.

Common probation violations include:

• Not showing up at required court appearances
• Missing a meeting with your probation officer without a good reason
• Failure to complete a required program such as drug treatment, anger management, or parenting classes
• Committing a new crime, either the same type or a different one, is a violation with new charges
• Neglecting to notify the court of a change of address
• Neglecting to pay court-ordered restitution
• Failing random alcohol or drug test
• Possession, selling, or use of illegal substances
• Associating with known criminals

Make sure you are very familiar with the specific terms of your probation to avoid unknowingly violating any of them.

In addition, according to Florida law, in order for a prosecutor to prove the violation at a final hearing, a violation must be willful and substantial. This means they need to prove that you made no effort to comply with the condition. For example, suppose one of the conditions was to perform community service at a non-profit organization. Then, when you reported the community service you performed, it was at a for-profit organization. This would not necessarily be a willful violation because you tried to fulfill the condition.

The above example could be considered a technical violation of probation. Alternatively, a substantive probation violation is when you commit a crime during your probation sentence. In this instance, the State must present direct, non-hearsay evidence of the new crime. The probation revocation hearing will most likely happen after the new offense has been disposed of.
Your probation violation must be deemed willful and substantive in order to be considered a legitimate probation violation. However, this is decided on a case-by-case basis, depending on the evidence presented and the discretion of the judge.

Do You Automatically Go to Jail for Violating Probation?

A probation violation doesn’t necessarily mean you automatically go to jail. Your original crime, your criminal history (e.g., is this your first crime? your first violation?), and the violation that you are up, for now, are factors that can determine the judge’s ruling. There are several options the judge can choose based on your probation officer’s input.

The judge can:

1. Reinstate your probation sentence
2. Change your probation sentence
3. Or, revoke your probation and reinstate your original prison time

Worst case scenario, you could get additional, immediate jail time with no bail.

How Much Jail Time Do You Get for Violating Probation?

Although jail time isn’t automatic if you are found guilty of a probation violation, it is a common consequence. And even if you have completed most of your probation, the judge could still rule that you get the maximum jail time.

Felony violation probation jail time can be:

1. The jail time suspended before your probation was ordered
2. Or, the maximum sentence for the offense from your initial conviction

For example, if you are on probation for a third-degree felony and you have served two years of a three-year probation sentence, and then you commit a probation violation, you could be sentenced to prison for five years. And this could happen even if you had plea-bargained a lesser sentence in your original case.

Can a Probation Violation Be Dismissed?

Absolutely a probation violation can be dismissed. Ideally, you could prove that you did not violate the terms of your probation. The legal standards are different in violation of probation cases than they were in your original criminal trial. In criminal cases, prosecutors must prove guilt beyond a reasonable doubt. This can be a huge hurdle.

For violation of probation, prosecutors must meet the “preponderance of evidence” standard. This means they must prove that it is more likely that you did violate your probation than that you didn’t. Think of it this way. If the prosecutor can convince the judge that there is a 51% chance that you are guilty, then he is more likely to find you guilty. Because the standard of proof is lower, many probation violation cases result in convictions and incur harsh penalties.

It is certainly possible that you may only receive a warning, but you are also likely to get added community service time or even have your probation revoked. In this instance, you would be arrested and have to serve your full sentence from the previous crime. Trial courts have a lot of leeway in deciding how you may be punished for violating probation, so it can be difficult to know what the outcome would be if you were judged guilty of a violation.

Since the standard of proof is so much lower, and trial judges have so much more leeway and can assign penalties with more freedom, getting representation by a defense attorney experienced in probation violation cases is key.