What You Need to Know About Florida Probation Violations
In Florida you can be placed on probation as part of a negotiated plea offer, as ordered by a judge as a part of a plea to the bench, or as ordered by a judge as a post-prison continuation of your sentence. As long as you follow the terms imposed by the judge and fulfill your obligations as directed by your probation officer, your conditional term will end without a formal violation of probation. However, if any of the conditions of probation are violated, the probation officer may, at his or her discretion, file a violation of probation, which sends the entire case back to a judge for resentencing based on the specific violation(s).
Consequences for Violation of Probation
In the case of a minor or isolated probation violation, you may only be given a warning. The greater the violation and/or the greater frequency with which the rules are broken, the greater the likelihood that you will face consequences for those violations. If you break the terms of your probation, your probation officer has a number of potential punishments they may impose, including the following:
- Give a verbal warning
- Place a curfew on you
- Require more frequent reports, even daily
- Implement random urinalysis
- File a formal violation of probation with the court, and let the judge determine your punishment
- File a formal violation with the court and recommend a punishment along with that violation, that could include your imprisonment to the judge
Circumstances of the Violation of Probation
Although a variety of things may be considered as a violation of your probation, here are some of the most common violations:
- Going to a place that is not allowed, or visiting specific people without informing your probation office and getting prior authorization for the visit.
- Failing to show up to a scheduled visit with your probation officer.
- Failing to pay any ordered restitution, or fines that have been ordered as part of your sentence.
- Failing to appear in court at mandatory hearings.
- Possessing unprescribed drugs or illicit substances.
- Committing additional “new law” offenses or crimes while on probation
Contact an Experienced Criminal Defense Attorney
If you have been accused of violating the terms of your probation, you need an experienced criminal defense attorney on your side. Contact the Orlando criminal defense attorneys at O’Mara Law Group today to schedule a consultation, and let us ensure your rights are protected. There are defenses available to certain probation violations that may be able to keep you from suffering additional consequences. Contact us today.