Probation Violations in Florida: Common Triggers and How to Protect Yourself Quickly

 Probation is available as a means of avoiding prison while paying a debt owed for the commission of a crime. It allows an individual to fulfill their punishment while living amongst their neighbors in the community. 

There are typically rules in place that restrict a person’s behavior while on probation. A person must know that in Florida, they can end up in jail or prison for a probation violation. The risks associated with probation violation, as well as the available protections under the law,w must be understood to protect the rights of a probation recipient. 

Which Actions Commonly Lead to Probation Violations?

A person who receives probation as a punishment in the Florida criminal justice system must follow the conditions of probation exactly as laid out. When those conditions are not followed, a violation has occurred. 

The two types of probation violations in Florida are as follows:

• Technical violations occur when an appointment with a probation officer is missed or required community service is not completed. These types of violations also involve leaving the designated geographic area without permission or using drugs or alcohol.
• A substantive violation occurs when an individual on probation is charged with a different crime. 

Make no mistake, probation violations are treated seriously in Florida. Even a technical violation can trigger the issuance of an arrest warrant. 

What May Happen As a Result of a Probation Violation

A prosecutor’s office must only show that it is more likely than not that the purported probation violation has occurred. In short, it is easier to prove by an evidentiary standard that a probation violation has occurred than to prove that a crime has been committed. 

A revocation of probation may result, and an imposition of prison time could be the conclusion the court reaches. At the very least, a longer probation sentence may be issued along with additional conditions and fines. A person may even lose their driver’s license. A judge can impose a wide range of penalties when a probation violation is proven. 

Protecting Yourself In the Event of a Probation Violation

An experienced South Florida probation violation attorney knows how to help a client protect themselves when facing a purported probation violation.

For instance, an accidental violation of a probation sentence can be offered as a potential defense. Evidence that is lacking (insubstantial) or procedural missteps by the prosecutor’s office can both be used to protect a person who stands accused of violating their probation. 

Contact Difilippo & Pica, PLLC for a Free Case Review

Probation comes with certain conditions that must be honored. If not, a probation recipient will soon face the possibility of returning to prison or a longer period of probation. Reach out to Diflilippo & Pica, PLLC, for a free case review.