Probation is a form of supervision provided to individuals who have been convicted of a crime but are allowed to serve their sentence in the community under certain conditions. Violating the terms of probation can have serious consequences. Here are key things to know about probation violation:
Probation Conditions
When a person is placed on probation they must adhere to specific conditions set by the court. Common conditions include regular check-ins with a probation officer, drug testing, maintaining employment or attending school, and avoiding criminal activities.
Notification of Violation
If a probation officer believes that a probationer has violated the terms of their probation, they may file an affidavit of violation with the court. This affidavit details the alleged violations.
Warrant and Arrest
A judge may issue a warrant for the arrest of the individual accused of violating probation. This can lead to the person being taken into custody and held without bond.
Hearing Process
After an arrest, the probationer is entitled to a hearing to determine if a violation occurred. During the hearing, evidence is presented and the individual will have the opportunity to defend themselves.
Consequences
If the judge finds that a probation violation occurred, consequences can vary. Possible outcomes include additional probation conditions, extended probation, fines, community service, substance abuse treatment, or incarceration.
Technical vs. Substantive Violations
Probation violations are often categorized as technical or substantive. Technical violations involve failing to meet the administrative requirements of probation, such as missing appointments or failing a drug test. Substantive violations involve engaging in criminal activities or other serious offenses.
Mitigating Factors
In some cases, the court may consider mitigating factors such as personal circumstances, efforts to comply with probation, or successful completion of certain requirements. A probation violation must be willful and substantial.
Legal Representation
Individuals facing probation violation charges have the right to legal representation. It’s advisable to consult with an attorney who can provide guidance, advocate on behalf of the individual, and ensure their rights are protected.
Reinstatement or Modification
Depending on the circumstances, a judge may choose to reinstate probation with modified conditions rather than imposing more severe penalties. But, if the judge finds that a defendant committed a willful and substantial violation of probation, the judge may sentence the defendant to the original sentence that could have been imposed initially.
If you or a loved-one have been accused of violating probation, you may be able to get the matter resolved without more jail time.
Why You Should Contact a Violation of Probation Lawyer
The majority of probation violations originate from a few common factual scenarios. These violations include:
• New Criminal Offenses,
• Failed Drug Tests,
• Failure to Meet Financial Obligations,
• Failures to Complete Treatment Programs,
• Missed Appointments.
The State must prove that you committed a violation that was both willful and substantial. For example, a violation must be a serious violation like a new criminal offense, a failed drug test, failure to meet financial obligations, failure to complete court-ordered programs, and missed appointments. Also, when you make a reasonable effort to comply with a condition of probation, a violation should not be considered willful.
New Criminal Offense Violation – The State must present direct evidence linking you to the commission of a new criminal offense. Arrest alone is not an adequate basis for finding a violation of probation. For example, if you are a passenger in a car that gets stopped for a traffic violation and drugs are later found in the vehicle, the state is required to present some evidence that you knew that the drugs were there.
Failed Drug Test – The State has the burden of proving that an illegal drug was present in your body. A violation cannot be based solely on a probation officer’s testimony regarding laboratory results. For example, if a drug test is not done correctly, or if the probation officer cannot show the judge a valid lab report, the state cannot prove that drugs were present in your body.
Failure to Meet Financial Obligations – Non-payment of court costs, restitution, costs of supervision, fines, costs of drug testing, and other fees is another common basis for violating probation. Before you can be imprisoned for failure to pay there must be a determination that you have the ability to pay and that you have willfully refused to do so. For example, if you do not have a job or any income you do not have the ability to pay. A judge should not violate your probation because you did not pay if you do not have the ability to pay.
Failure to Complete Treatment Programs – When the state tries to revoke your probation because of failure to successfully complete a rehabilitation program, some evidence must be submitted to show that you were in some manner responsible for the failure. For example, as long as you attend the program and follow rules, it is not a violation of your probation if you did not complete the program through no fault of your own.
Missed Appointments – A single missed appointment with a probation officer, where a valid explanation is offered, is insufficient to demonstrate willful and substantial noncompliance with probation. For example, if you missed an appointment because of a storm, or if you are late because of a bad traffic accident on the interstate, it is not a violation of your probation where the violation is not willful or substantial.
Contact a Criminal Defense Attorney
If you or a loved-one are on probation and the State files an affidavit of violation against you, it is important that you discuss your situation with an experienced criminal defense lawyer to learn about your rights and options. The laws governing violation of probation in Florida are complex. If you have been accused of a violation of probation in the Tampa Bay area, you may need the assistance of an attorney to contest the affidavit of violation, minimize potential penalties and get a favorable resolution.
