Jacksonville Probation Violation Lawyer

Q: What happens if you violate probation for the first time in Florida?

The consequences of a probation violation can vary greatly, depending on several different factors. But the most significant factor is what was the degree and nature of the offense for which an individual was initially placed on probation for. In fact a violation of probation can lead to the imposition of a sentence up to the maximum sentence initially allowable under the law. As such it is essential to take violations of probation extremely seriously. Other factors that might impact the outcome of a violation of probation include how the alleged violation was committed, the defendant’s progress and behavior while on probation, and whether the alleged violation is technical in nature or substantive. Contacting an experienced Florida probation violation attorney is the best source of information about the possible consequences in your specific case.

“Probation violation” may sound minor, but in fact breaking the terms of your probation can have incredibly serious consequences in Florida. A report prepared for the Florida legislature by The Crime and Justice institute a few years ago revealed that 39% of prison admissions in Florida resulted from violations of probation or other supervised releases.

Depending on the circumstances, even a technical violation can have serious consequences. So, if you are on probation or some other form of supervised release, it’s very important to fully understand the terms of release and follow them carefully. If you’ve violated your probation or been accused of a violation, you’ll want to speak with an experienced Jacksonville probation lawyer as soon as possible. The standard applies to a probation revocation case is different from that in a regular criminal case, and the burden of proof for the prosecution is much lower. So, you will want to work with an attorney who has experience with probation violation cases.

Attorney Matthew Lufrano is a Board Certified expert in criminal trial law and has experience with all facets of the criminal defense process. You can schedule a free, no-obligation consultation with Lufrano Legal, P.A. by calling 904-643-7981 or filling out our quick contact form.

Florida Probation Lawyer

Florida courts have wide discretion to order probation rather than incarceration or to combine probation with a shorter period of incarceration. Currently, the Florida Office of Community Corrections is supervising more than 164,000 probationers statewide. More than 7,000 of those are in the Jacksonville Circuit, which includes Clay, Duval, and Nassau Counties.

A Florida probationer is required to follow certain terms of release, and failure to do so can mean incarceration or other penalties. General terms of probation include things such as:

A requirement that the probationer report regularly to his or her probation officer
A waiver of certain rights, which, for example, allows the probation officer to enter the probationer’s home without a warrant
A requirement that the probationer maintain employment, if possible
A prohibition on breaking the law, which allows the court to revoke probation and sentence the probationer even in the absence of a criminal court conviction
A requirement that the probationer support any depends to the best of his or her ability
A requirement that the probationer pay certain debts to the county, municipality or state, dependent on his or her financial situation
A prohibition on associating with people “engaged in criminal activities”
Submission to random drug and alcohol testing

The court may also order specific terms of probation, usually related to the nature of the crime. For instance, a probationer may be ordered to:

Perform community service
Make restitution to victims
Not possess a firearm
Refrain from using intoxicants
Not associate with gang members or associates
Enter a residential treatment program
Attempt to obtain a high school diploma or high school equivalency diploma
Participate in a work program
Participate in a batterers’ intervention program

This list is not exhaustive. The court may impose other terms of probation as appropriate.

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What Are Probation Violations?

The final outcome of a probation violation may be a return to probation with little or no change, a lengthy prison sentence, or something in between. As a starting point, you should be aware that any probation violation can be grounds for arrest. So, for example, missing a meeting with your probation officer may result in arrest.

What Is a Technical Probation Violation?

Probation violations fall into one of two categories: technical violations and new criminal offenses. A technical violation is a violation of the terms of supervision that is not itself a crime. While any probation violation can have serious consequences, the two types of violations are treated somewhat differently under Florida law.

Many probation officers will be reasonable if you’ve made a minor, honest mistake or circumstances were beyond your control. For example, if you sleep through your 8 a.m. meeting with your probation officer but call in at 8:45 and explain what happened, your probation officer may simply reschedule you for later in the day. Or, the probation officer may apply alternative sanctions without reporting the violation to the court. But, you can’t count on that. Even technical violations of probation sometimes lead to incarceration, so it’s critical that you make every effort to follow the rules to the letter.

What Happens When a New Crime Is Committed While on Probation?

In the case of a new criminal offense, the probation officer does not have the discretion to handle the matter outside of court. And, the accused faces two distinct but related issues in a sometimes confusing process.

A probationer believed to have violated a criminal statute, including a criminal traffic offense, will typically face a proceeding to revoke probation. But, at the same time, the accused may be facing a fresh set of criminal charges based on the same action. While the two cases will sometimes be resolved together–for instance, in a plea agreement that addresses both–the outcome of the probation violation case does not depend on a criminal conviction.

To secure a conviction in a criminal case, the state must prove the defendant guilty beyond a reasonable doubt. But, in a probation violation hearing, the court applies a “preponderance of the evidence” standard. In simple terms, that means that the court must conclude that, based on the evidence presented, it is more likely than not that the probationer committed the violation.

The lower standard means that even if the criminal charge that triggered the probation revocation effort is dismissed–even if the probationer is acquitted in a criminal court proceeding–the court may still find a probation violation.

What Happens When You Violate Probation?

The possible consequences of a probation violation and the judge’s discretion in imposing consequences depend on a variety of factors, including the underlying crime, the nature of the violation, and whether the probationer has previously violated the terms of release.

These include:

Continuing probation
Continuing probation with additional conditions
Shifting from probation to the more restrictive community control
Imposing a jail sentence of up to 90 days as a term of probation
Sentencing the probationer for the original crime

The last item is of the greatest concern. Depending on the nature of the original crime, the probationer’s criminal history, and other factors, a simple probation violation could potentially mean years in prison. That’s true whether the probationer was convicted of a crime and placed on probation or had adjudication withheld in anticipation of dismissal if probation was successfully completed.

Unfortunately, many people make the mistake of thinking of a probation violation as a relatively minor matter. That’s especially true if the violation was a technical one, such as changing addresses without notifying the probation officer or missing a meeting. Many also wrongly assume that if they are cleared of new criminal charges, that will automatically resolve the probation violation. There may be more at stake than you realize, and waiting to see what happens when you show up in court is rarely a good strategy.

If you’ve been accused of violating your probation, even if the violation seems insignificant, it’s in your best interest to get advice from a seasoned probation violation attorney right away.

Talk to a Jacksonville Probation Violation Lawyer

Attorney Matthew Lufrano has dedicated more than a decade to helping people who have been charged with crimes and accused of probation violations. He’s a Board Certified Expert in Criminal Trial Law and has extensive experience as a Jacksonville criminal defense attorney.

You can schedule a free consultation with Lufrano Legal, P.A. right now. Just call 904-643-7981 to learn more about how we can help.

Florida Probation Violation Frequently Asked Questions

Many people make the mistake of assuming probation violations are insignificant compared with an underlying criminal charge. However, a probation violation can have very serious consequences. If you’ve been accused of violating your probation, you should speak with a Jacksonville criminal defense attorney right away.

The information below will give you a general idea of what you can expect.

What happens if you violate probation for the first time in Florida?

While there is a possibility that a first-offense probation violation will be treated more leniently, there is no guarantee. What happens after you violate your probation–whether for the first time or not–depends on a variety of factors. These include the nature of the violation, the terms of your probation, the underlying charge or conviction, your past history and more. If you’ve been accused of a probation violation you’ll want to contact a probation lawyer right away.

How long could you go to jail or prison for a probation violation in Florida?

Like many legal issues the answer to how long an incarcerative penalty for a violation of probation could be depends upon a variety of factors. Those factors include the degree of offense for which you were placed on probation, whether this offense carried any mandatory minimums, whether you score a guideline sentence under the Florida Criminal Punishment Code, how long a person has previously been on probation or incarcerated on this offense, and what a person has accomplished while on probation. But given that the outcome of a violation of probation may be impacted by so many factors if facing a violation of probation, it is critical to contact an experienced criminal defense attorney who can explain to you your options, and what potential consequences you face.

Can you get bond for a probation violation in Florida?

It is important to understand that in the state of Florida an individual arrested for a violation of probation is not entitled to bond as a matter of right. That means that even if on probation for a misdemeanor if it is alleged that a person has violated their probation they can be held in custody until their case is resolved. However, even though a defendant does not have a right to a bond for a violation of probation, it is still possible for an attorney to request by motion that the Court impose a bond for an individual charged with an alleged violation of probation.

What are the two types of probation violations?

The two types of probation violations in Florida are technical violations and new crimes committed while on probation.

When a person is placed on probation, he or she receives a list of conditions. The conditions may be affirmative, such as attending a substance abuse program or maintaining employment. Or, they may be prohibitive, such as a ban on alcohol consumption or imposition of a curfew. A violation of these terms is called a technical violation because it is a violation of the terms of probation, not an illegal act in itself.

The commission of a new crime may be treated more harshly, and may also involve new criminal charges with a separate possible sentence. However, it’s important not to assume that technical violations are trivial–they can still carry serious consequences.

What happens at a Violation of Probation or VOP hearing?

A violation of probation hearing in Florida is a bit like a criminal trial, but with the deck stacked against the accused. The first major difference is that unlike a defendant in a trial, a defendant facing a violation of probation is not entitled to have their matter decided by a jury. Another major difference between a criminal trial and a violation of probation hearing is that there is a relaxed burden of proof for the violation of probation hearing. The burden of proof in a violation of probation hearing is “a preponderance of the evidence” which is a much lower standard of proof than that required in a criminal trial. This means that it is even easier for the prosecution to prove a violation of probation.

But if you or a loved one are facing a violation of probation you should not abandon hope. In fact, it is still possible to raise effective defenses at a probation violation hearing or to negotiate a favorable outcome. If you’re facing a probation violation hearing, talk with a Duval County probation violation attorney as soon as possible. To learn more about attorney Matthew Lufrano’s experience and how he may be able to help you, schedule a free consultation right now by calling 904-513-3905 or filling out the contact form on this site. Additionally, if you have a hearing date scheduled, be sure to let us know.

Can a probation violation be dismissed in Florida?

It may be possible for your probation violation attorney to get a probation violation dismissed. Typically, this would involve finding a defect in the allegation–for example, that your terms of probation didn’t actually prohibit the act you’re accused of–or negotiating to have the violation dismissed as part of a larger plea deal.

What happens if you have a warrant for probation violation in Florida?

Any time there is a warrant for your arrest, you may be arrested at any time. After the probation violation warrant is issued, police may come to your home, workplace, or other place they know you may be to arrest you. You can also be arrested if an officer learns during a traffic stop that there is a warrant for your arrest, or if someone calls to report your whereabouts or a law enforcement officer recognizes you out in public. However, your probation violation lawyer may be able to negotiate for you to appear in court without being arrested. You’ll want to talk to your defense lawyer right away if you learn that you’ve been accused of violating your probation.

Can you go to jail for violating probation in Florida?

You can go to jail as a result of a Florida probation violation, which isn’t exactly the same as going to jail “for” the violation. When probation is ordered in a Florida criminal case, it is in place of all or part of a possible jail or prison sentence for the underlying crime. When probation is revoked due to a violation, the court may sentence you to some or all of that time you avoided by going on probation.

Which type of probation violation is the most common?

Some of the most common probation violations in Florida include alleged commission of a new crime while on probation, failure to make court-ordered payments such as fines and restitution, failing drug or alcohol testing, and failing to show up for mandated counseling and other programs. However, it’s important to note that terms of probation may be tailored to your specific situation, and a violation can arise from any failure to comply with the terms. If you’re on probation in Florida, it is essential that you understand the terms of your probation and what you must do to comply with them.

How much time do you get for violation of probation in Florida?

The maximum amount of time you can be sentenced to after a Florida probation violation depends on the crime you were originally sentenced for. The court may order you to serve the full remainder of that sentence. But, courts have significant discretion in how to treat a probation violation. In some cases, your probation violation attorney may be able to persuade the court to simply reinstate your probation, to extend the term of probation or add conditions, or to order you to serve only a fraction of the possible remaining time.

What happens at a violation of probation hearing in Florida?

At your probation violation hearing, you’ll have an opportunity to either admit the violation or deny the allegations. If you deny the allegations, both sides will have an opportunity to present evidence. This is a bit like a criminal trial, but someone fighting an allegation that they’ve violated probation doesn’t have the same advantages as a criminal defendant. For example, the court makes a determination–there is no right to a jury. The hearing standards are also relaxed, so that evidence that would not be admissible in a criminal trial can be considered. How does completing rehabilitation or counseling affect a probation violation case in Florida?

Can you request a modification of probation terms in Florida to avoid potential violations?

Florida courts have the discretion to modify terms of probation. The process starts with a motion to modify the terms of probation. The party requesting a modification must show that the change is warranted. For example, if you are requesting a modification to extend the time you have to pay fines and costs or restitution, you’ll have to show the court that you have a good reason, such as an unexpected medical expense or your hours having been cut at work. If the court agrees to the modification, you may be able to avoid a situation that would have led to a probation violation. Once you’ve violated your probation, it may be too late to avoid consequences, even if it happened due to circumstances like loss of income. So, it’s important to contact your probation lawyer right away if you think you may be unable to comply with your terms.

What steps can you take to avoid unintentional probation violations in Florida?

The single most important thing you can do to avoid a probation violation is to make very sure that you thoroughly understand the terms of your probation. Ask questions if there is something you don’t understand when you first receive your terms. Read every word of the written terms you receive. If you’re on probation for a long time, revisit the written terms from time to time, or if you’re considering making any life changes. There may be terms that didn’t seem to apply to you at first that may become relevant.

It’s also important to understand that only the court that sentenced you to probation has the authority to change the terms of your probation. That can be confusing and lead to problems if, for instance, your probation officer hasn’t been enforcing a particular term but then you are assigned a new probation officer.