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What you need to know about violating your probation for financial reasons in Florida.

Posted by attorney James Regan

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Please be advised that on 15 Dec 2011, the Florida Supreme Court handed down a new standard for finding a probationer in violation for financial reasons. In "Carlos Del Valle v. State of Florida, SC08-2001 (found here: the Court opined that the State must show by greater weight of the evidence that the probationer has the ability to pay and that the probationer willfully failed to pay. This burden is higher than the standard for a violation on other grounds, but not as high as beyond a reasonable doubt.

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