Probation in Florida allows individuals to remain in the community instead of serving time in jail or prison. It comes with specific conditions set by the court such as regular check-ins with a probation officer or attending counseling. The goal is to help individuals stay on track and avoid future legal trouble. However, violating probation terms can lead to serious consequences, including jail time.
Melbourne Lawyer for Violation of Probation
Probation is an alternative form of punishment that provides freedom while carrying out a sentence. However, probation also tends to come with increased scrutiny, and some law enforcement agencies tend to err on the side of caution when it comes to those undergoing probation. Missing appointments, failing screenings, and breaking certain rules can all lead to the loss of probation.
Sometimes this is because of a misunderstanding. If you’ve been told you are in violation of probation, you need to contact an experienced attorney immediately.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
- Types of Probation in Florida
- Classification of Probation Violations
- Legal Process Following a Probation Violation
- Consequences of a Probation Violation
- Special Considerations for Violent Felony Offenders
- Alternative Sanctioning Programs
- Role of a Probation Lawyer in Probation Violation Cases
- Hire a Lawyer for Violation of Probation in Brevard County Florida
Types of Probation in Florida
Florida offers several types of probation based on the individual’s situation:
- Administrative Probation: Minimal supervision, no regular check-ins.
- Community Control: Strict supervision, often like house arrest.
- Drug Offender Probation: Focuses on drug treatment and testing.
- Mental Health Probation: Tailored for those with mental health conditions involving treatment.
- Sex Offender Probation: Intensive supervision with strict rules and monitoring.
Classification of Probation Violations
Technical Violations
According to Florida Statutes Section 948.06, a technical violation occurs when a person on probation does not follow the specific rules set by the court without committing a new crime. These violations include actions like missing a scheduled meeting with a probation officer, failing to report a change of address, or testing positive for drugs or alcohol. Technical violations are generally considered less serious and may result in warnings, additional conditions, or alternative sanctions.
Substantive Violations
A substantive violation is more severe and occurs when the person on probation breaks the law by committing a new crime. This type of violation often leads to more serious consequences such as the revocation of probation and the imposition of a prison sentence.
Legal Process Following a Probation Violation
Arrest and Initial Court Appearance
When a probation officer or law enforcement believes that someone has violated probation, they can arrest the individual without a warrant. The person is then brought before the court that originally granted the probation. If the person admits to the violation, the court may take immediate action such as revoking or modifying the probation.
Violation Hearing
At the violation hearing, the court examines the evidence related to the alleged violation. If the court determines that a violation has occurred, it has several options available, including revoking probation, modifying probation conditions, or continuing probation under the original terms.
Consequences of a Probation Violation
Revocation of Probation
If the court decides to revoke probation, the individual may be sentenced to serve time in prison. The length of the sentence can be up to the maximum allowed for the original offense.
Modification or Continuation of Probation
The court may also modify or continue the probation, adding new conditions or extending the probation period.
Alternative Sanctions
For minor violations, the court may impose alternative sanctions such as a brief jail stay, additional community service hours, or curfews.
Special Considerations for Violent Felony Offenders
A violent felony offender of special concern (VFOSC) is a person on probation who has been convicted of certain serious crimes. If a VFOSC is found to have violated probation, they are required to remain in custody until the court makes a final decision on the violation.
Alternative Sanctioning Programs
- Short-term jail stays: Up to 5 days for low-risk violations and up to 21 days for moderate-risk violations.
- Additional community service hours: Providing more opportunities for the individual to contribute positively to the community.
- Electronic monitoring: Tracking the individual’s whereabouts to prevent further violations.
- Counseling or treatment programs: Addressing underlying issues like substance abuse or behavioral problems.
Role of a Probation Lawyer in Probation Violation Cases
Legal Representation During Violation Hearings
A criminal defense lawyer plays a crucial role by representing the individual during violation hearings. The lawyer can challenge evidence, question witnesses, and argue for continuing probation or imposing lesser sanctions.
Negotiating Alternative Sanctions
Even if the violation is clear, a defense lawyer can advocate for alternative sanctions, such as community service or a short jail stay, instead of probation revocation.
Hire a Lawyer for Violation of Probation in Brevard County Florida
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
