Violations of Probation in Florida: What You Need to Know

Many have probationary punishment after their release from jail or prison. The purpose of a probation sentence is to allow convicted offenders to reintegrate into society and live productive lives without the fear of being incarcerated again if they violate any laws.

When you live under a probation sentence, you need to understand the consequences of violating your terms. Violations can range from failing to meet certain conditions (e.g., not maintaining employment) or getting arrested and charged with new crimes while on parole (e.g., possession of drugs).

Violations of probation in Florida can have some severe consequences. Therefore, if you are accused of violating your probation, it is crucial to hire us at Roderman and Johnston Law so our Fort Lauderdale Lawyers can take action to help you as quickly as possible.

Types Violations of Probation in Florida

Many probation violations in Florida come from a few common factual scenarios. These include new criminal charges, failed drug tests, not completing court-ordered programs.

  • Failure to pay fines, costs, or restitution
  • Failing to attend any court-ordered counseling sessions
  • Engaging in prohibited activities
    • Drinking alcohol
    • Using drugs
    • Contacting victims or witnesses without permission from probation officer
  • Failing to appear for monthly progress reports
  • Committing a new crime
  • Failing to report a change in residence

What Happens When You Violate Probation?

  • The supervising officer will submit either an Affidavit of Violation or a Department of Corrections Violation Report. The affidavit is a sworn statement outlining why the officer has reasonable grounds to believe the defendant committed the violation.
  • A court will review the allegations determine whether reasonable grounds exist and issue a capias or warrant for the defendant’s arrest. The defendant can be placed on a “no bond” status, which, in the absence of an intervening motion, will require him or her to remain in jail until bond can be requested.
  • The defendant will be set for an evidentiary hearing where the prosecution bears the burden of proving a willful and substantial violation of supervision by competent evidence.

Can I be Compelled to Testify about My Probation Violation?

A defendant on probation can be compelled to testify at his or her own revocation hearing with regard to probation matters, even if such testimony would incriminate the defendant on the violation.  E.P. v. State, 901 So. 2d 193, 195 (Fla. 4th DCA 2005).

What Are the Penalties for Violating Probation in Florida

If the judge finds that you committed a violation, they will have three options. According to Florida Statutes 948.06, a judge can:

  • Restore your probation
  • Change your Probation Sentence; or
  • Revoke the Probation and Impose jail time.

Probation Violation


If you have violated your probation, the judge may revoke your probation, meaning that you will have to finish your sentence in prison. This may be the case if you were on probation for a misdemeanor crime or felony property offense and are convicted of committing another violation within two years after being released from jail or prison.

The judge may also add more restrictive terms and conditions to your probation to penalize you. In addition, the judge has the authority to increase the length of your probationary sentence.

How to Defend a Violation of Probation Charge in Florida

If you have been accused of violating probation in Fort Lauderdale Florida, the following information can help you with your defense.

Hire us at Roderman and Johnston Law Immediately: We are experienced criminal defense attorneys who are experienced in defending against these violations. This can often mean negotiating a plea deal and challenging evidence. We have great results intervening on clients behalf to get them the best possible outcome. Call us at (954) 764-6800 today for a free consultation.

Take your time when responding to allegations: If someone accuses you of violating probation, then it may be tempting for the accused person’s and their first response will be anger and denial. However, this will not help them in any way. To deal with this, it is suggested that the accused person take their time before responding to any allegations of violating probation.

Keep in touch

Phone

954-764-6800

Serving South Florida

(24/7 Free Consultation)

Email

Offices

6400 North Andrews Avenue #505

Fort Lauderdale, FL 33309

Office Info  |  Get Directions

21458 Burnside court

Boca Raton, FL 33433

Office Info  |  Get Directions
Request Free Consult
Consultation only. No legal advice will be offered and consultation does not constitute an attorney-client relationship.

Keep in touch

Phone

954-764-6800

Serving South Florida

(24/7 Free Consultation)

Email

Offices

6400 North Andrews Avenue #505

Fort Lauderdale, FL 33309

Office Info  |  Get Directions

21458 Burnside court

Boca Raton, FL 33433

Office Info  |  Get Directions
Request Free Consult
Consultation only. No legal advice will be offered and consultation does not constitute an attorney-client relationship.