If you violate the terms of your probation, then the judge has the right to sentence you to time in prison for the maximum amount of time you were facing on your original charge. For example, if you received probation for a third degree felony and you violate it, you are facing a possibility of five years in a Florida State Prison. If you were facing misdemeanor charges and only received probation, you may have to spend up to a year in county jail.
If you, or someone you love, is dealing with a violation of probation issue, the best thing you can do is hire an experienced criminal law attorney for help. They can review the facts of the case and help you figure out what actions to take.
Supervision Ordered by the Court and Probation Violation Possibilities
If you are ordered by the court to serve probation, you will be under supervision by the Department of Correction. Some of the types of supervision that you may be put on include:
- Sex offender probation
- Community control (house arrest)
- Administrative probation (mail-in probation)
- Drug offender probation
- Regular probation
Once you have been sentenced to probation, you have to obey all the terms and conditions it outlines. If you make a mistake and wind up with probation violations, then you will have to go before the judge.
Types of Probation Violations
There are two main types of probation violations. Substantive violation of probation occurs if you are charged with a new criminal violation. This means you have been arrested for something completely different while still serving your original probation.
The second type is a technical violation of probation. This is if you fail to do something that was ordered as a part of the probation or if you do something that you are prohibited to do. Some examples of technical probation violations include:
- Not telling your probation officer the truth
- If you left the state or count of jurisdiction with no prior approval
- If you did not pay your court fees or costs associated with the terms of the probation
- If you failed to report to your probation officer
- If you did not file a monthly, required probation report
- If you tested positive for drugs or alcohol
- If you did not complete the ordered alcohol or drug time within a certain amount of time
- If you did not provide your probation officer with a change of address
The Importance of Legal Representation for Probation Violations
If you are charged with violating your probation, then the best thing you can do is to contact a Florida criminal law attorney. They will be able to review the facts of your case and help you avoid serious consequences for this mistake. Additional information about probation violation can be found by calling the attorneys at the Law Office of Paul J. Donnelly, P.A. at 305-757-3331.
Your Rights After You Are Arrested
Criminal Law: What’s the Art of Discrediting a Witness?