Miami Probation Violation Lawyer

Florida Probation Violation Laws

Although probation is a great privilege, it can also be a hassle. 

Under Florida law, probation for a misdemeanor lasts up to six months; felony probation can last up to a year. This time is often marked by all sorts of stress—in the home, on your bank account, and at work. Even when you fully intend to comply with your probationary order, it’s common to lose sleep over doing everything right. 

Here are just some of the most common terms and conditions for misdemeanor and felony probation:

• Follow a specific curfew
• Avoid contact with the alleged victim
• Refrain from alcohol and drug use
• Submit blood or urine samples
• Report to a probation officer
• Pay fees to cover your probation
• Pay restitution and court costs
• Maintain employment and a place of residence

If you step out of line once, you may be incarcerated. For this reason, it is crucial to know the terms of your probation. You also need to know what your probation officer may consider a violation of those terms.

What Is a Probation Violation in Florida?

In general, there are two types of probation violations: technical and substantive.

Technical Violations

Technical violations are what most people lose sleep over, as they have to do with the specific terms and conditions of your probation. Since these conditions can be very restrictive, it can be easy to violate them unintentionally. 

For instance, having a job is a requirement for many probation agreements. If you lose your job, you are supposed to report to your probation officer immediately, then start looking for another job. Some wait too long; others have trouble finding a job because they now have a criminal record. This can lead to a violation if the probation officer isn’t clear about what they expect from you during your job search.

A few examples of technical violations of probation include:

• Curfew violations
• Traveling out of the county without permission
• Violating restraining orders
• Trying to contact the alleged victim
• Failing or missing a drug or alcohol test
• Failing to report to the probation office
• Failing to inform your probation officer of job loss
• Failing to report changes to basic information, such as contact info
• Failing to attend or complete court-ordered treatment or counseling

Substantive Violations

Committing another crime while on probation will land you with a probation violation charge. These types of violations are called “substantive violations,” and they’re a slippery slope. Here’s why: If you are found not guilty of the criminal offense, the fact that you were charged may still work against you in a VOP, or violation of probation, hearing.

Unlike in criminal court, the burden of proof in VOP hearings is not “beyond a reasonable doubt.” The prosecutor only has to prove the violation was likely committed, or “by a preponderance of the evidence.” That means if the prosecutor can convince a judge that there’s a 51% chance you violated your probation, you will be found guilty at the VOP hearing.

Consequences of Violating Probation in Florida

If you’re found guilty of violating probation, you could face the following penalties:

• Probation revocation: Your probation may be revoked, landing you with time in jail or prison for the initial offense.
• Stricter probation terms: A judge may decide to toughen up the terms and conditions of your probation. Community control falls in this category (see below).
• Longer probation sentence: A probation violation could land you with a longer probation sentence than originally agreed upon.
• Counseling, treatment, or support group: You may be ordered to complete counseling or treatment for low-risk violations. In some cases, the court may order you to join a support group.

Penalties for a first-time violation of probation tend to be lighter than repeat violations. The same goes for violating misdemeanor probation as opposed to felony probation. However, it all depends on the case and the judge overseeing it. 

Community Control

Community control may be ordered as punishment for a probation violation. It may also be used as an alternative to incarceration.

In Florida, community control is basically a type of house arrest. You may still be able to go to work or school, but you will likely need to wear a GPS tracking device so that law enforcement can keep track of your whereabouts. 

How to Get Off Probation Early

It is possible to get off probation early. In Florida, you can file to have your probation terminated after completing at least half of your probation sentence. You may need to show that you have finished any court-ordered programs (such as anger management) and that you’re current on all fees and court costs.

If you believe you qualify to get off probation early, contact Frank Schwartz, P.A. for help filing a motion for early termination of probation.

Changing Your Probation Terms

People who are on probation can benefit by changing the terms of their probation. If you choose to work with our firm, we can help prevent future violations by making your probation requirements more manageable.

Probation modifications can allow you to:

• Reschedule mandatory classes
• Change hours of community service
• Move up the completion date for your probationary period
• And much more

Modifying your probation can be completed by filing a motion to modify. Sometimes, you may become eligible to modify your probation based on certain circumstances.

We service clients accused of violating probation throughout Florida in the following areas North Miami, Aventura, Hialeah, South Miami, Kendall, Brickell, North Miami Beach, and Miami Beach.

In a free consultation, our Miami probation violation attorney will go over whether probation modification is an option for you.