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Criminal Defense

Probation Violation

When someone is convicted of a crime in Florida, probation is commonly ordered as part of a sentence instead of serving a full jail or prison term. As part of this conditional release, the defendant is required to comply with all terms and conditions of his or her probation and failing to do so can result in a probation violation (PV) as well as a jail or prison sentence. If you have been accused of violating probation, it’s important to consult with an experienced probation violation defence attorney to protect your rights and fight the charge.

Why Probation Can Be Complicated

While the idea of violating probation and being subject to the consequences is a simple enough concept to understand, many don’t consider that it may not actually be so simple to the person tied to the probation and its terms. The terms of any probation differ from person to person, depending upon the nature of the crime they committed, and may include one or more of the following:

  • Sobriety
  • Curfew
  • Drug or alcohol treatment programs
  • Professional limitations and/or requirements
  • Submitting to drug or alcohol tests
  • Obeying all laws. This includes even minor laws such as jaywalking
  • Not leaving the state without permission
  • Avoiding certain people or places

Because probation can have very specific and tailored requirements that can vary by person, it can be easy to violate probation without even realizing it. Sometimes, someone on probation may not have been appropriately informed of their probation terms and will therefore find themselves at a high risk of violating their probation and facing consequences. It has even been known for people to have been believed to have violated their probation when they in fact did not!

Types of Probation in Florida

There are various categories in which probation can fall, depending on a series of factors such as age of the offender, the nature of the crime, and the offender’s mental health, for example. The following are the different types of probation in Florida:

Administrative Probation: This is a form of supervision not requiring contact or reporting. It may be ordered when the offender does not pose any threat to those in their community. Once half of the probation has been completed, a milder form of probation will be imposed by the Department of Corrections.

Community control: A rigorous and controlled custody, which includes surveillance of the offender during holidays and weekends, offenders will have been isolated in a residential or community space that operates under sanctions and maintains strict guidelines.

Drug offender probation: Specific to drug offenders, this type of probation carries rigorous supervision and rehabilitation plans designed by administrative officers.

Mental health probation: This form of probation combines generalized mental health treatments with tailored terms designed specifically for each offender. A strict treatment will be given to offenders, relative to a diverse number of mental health issues, along with any psychotropic drugs that may need to be prescribed.

Sex offender probation: With this form of probation, supervision can include electronic monitoring and the conditioning and treatment of registered sex offenders. Anyone serving sex offender probation will be fully supervised and will be placed under strict treatment plans and will have to undergo polygraph testing along with other forms of close monitoring.

Consequences for Violating Probation

Any felony offender caught violating their terms of probation in Florida will be automatically sent back to the court that granted their probation. If the convict is a registered sex offender or was charged with a serious crime and they’re under close supervision, the court must decide whether the individual poses any considerable threat to society.

When a judge finds someone has violated probation, there are typically three options: reinstating probation, modifying a probation sentence, or revoking probation and imposing jail or prison time.

Because it may be possible to simply have probation reinstated or altered rather than having probation revoked, it’s crucial to work with an experienced probation violation defense attorney as soon as possible. An experienced attorney can present your defense against the charge and potentially help you retain your freedom.

Contact a Florida Probation Violation Defense Lawyer

Are you facing a charge of probation violation? Contact GMV Law Group, LLP today to schedule a consultation with a probation violation attorney in Florida to begin building your defense. We will represent you aggressively to help you retain your freedom and avoid the stiff penalties of a probation violation in Florida. Our English and Spanish speaking representatives are standing by to help you take the next steps in protecting your legal rights.

GMV Law Group, LLP