If your probation is violated the judge can sentence you to jail or prison for the maximum time you were facing on the substantive charge. For example, if you were placed on probation for a 3rd degree felony and you violate your probation then you are potentially facing 5 years in Florida State Prison for the violation. If you were originally charged with a Misdemeanor and received probation and your now in violation then you may receive up to 1 year in the county jail.
When you or a loved one is facing a violation of probation it is essential that you hire an experienced South Florida Attorney. You need a law firm that provides attorneys in Miami-Dade, Broward, Palm Beach, and Martin Counties.
There are many different types of supervision that can be ordered by the court.
The Department of Correction supervises a Defendant once he/she is ordered by the Court to be on:
o Regular Probation
o Drug Offender Probation
o Administrative Probation (a.k.a. Mail-in Probation)
o Community Control (a.k.a. House Arrest)
o Sex Offender Probation
Once on probation you are required to be in accordance with terms and conditions of your probation. If you slip up and make a mistake by violating any of the conditions then you are considered to be in violation of your probation.
There are two types of Probation Violations:
1) Substantive Violation of Probation - meaning you have been charged with a new criminal violation. You have been arrested for something new while you are on probation.
2) Technical Violation of Probation - A technical violation is when a probationer either fails to do something that he/she has been ordered to do as part of their probation or he/she does something that was prohibited by probation.
Examples of Technical Violations of Probation:
a) Failed to notify probation officer of a new change of address
b) Failed to successfully complete a drug or alcohol program in a specified time period
c) Tested positive for alcohol or drugs
d) Failed to file a monthly probation report
e) Failed to report to your probation officer
f) Failed to pay required court costs or fees associated with probation
g) Probationer left the county or state jurisdiction without prior approval
h) To be untruthful to your probation officer
A violation of Probation is a serious matter that should be handled by an experienced criminal lawyer.
Consult an attorney immediately to discuss the legal defenses available in your case. If you admit to probation violation there could be very serious consequences, including jail or prison time.
Additional resources provided by the author
WHAT DO THE FLORIDA STATUTES SAY ABOUT VIOLATIONS OF PROBATIONS? READ FOR YOURSELF.
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