Violating the terms of your probation can be a serious offense, and often comes with weighty consequences if convicted or sentenced. These consequences can include additional conditions for the rest of your probation period, an extension of your probation, or even imprisonment. Even if your violation was not purposeful, you can still find yourself penalized for your mistake. If you have been accused of probation violation, you should seek legal representation from an experienced criminal defense attorney.
Don’t risk your freedom. Contact The Law Offices of Kip Miller.
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Types Of Florida Probation
The state of Florida issues several types of probation, ranging from strict supervision to the observation of required conditions. Depending on your charges, you may be sentenced to the probation terms that are appropriate for your crime.
The types of probation are:
- Regular Probation: You must obey certain conditions and maintain regular contact with probation officers.
- Administrative Probation: You must obey the provided conditions, but you are not required to be in regular contact with a probation officer.
- Community Control: You are under supervised custody, and may have restricted travel permissions or be under police surveillance.
- Community Control II: You are under the full-time supervision of probation officers, and may be confined to your residence or subject to electronic monitoring.
- Sex Offender Probation: You are under the strict supervision of a probation officer and must undergo court mandated treatment.
Probation Restrictions & Violations
Often, probation will come with a number of restrictions or requirements that you must obey. Failure to follow the terms of your probation will constitute a violation of probation and can invoke consequences. The nature of the violation, your history of violations, and the circumstances of the violation will be used to determine the punishment you will face.
Common probation violations include:
- Failing to report to your probation officer as required.
- Possessing, using, or selling illegal drugs.
- Committing a crime.
- Failing to avoid certain people or locations as directed by probation terms.
- Not paying fines or restitutions as ordered by the court.
- Missing court appearances.
- Failing to report to mandated rehabilitation programs.
Types Of Violations Of Probation
If you are found to be guilty of violating your probation, it is possible that your probation officer may only issue a reprimand or warning. If the violation is more serious, your probation officer may determine that your violation will require a probation hearing. In these hearings, your case will be decided solely by a judge. The judge will factor in your past history of behavior while on probation and relevant circumstances of the alleged violation. At a probation hearing, it is critical to have a strong legal defense at the ready. A criminal defense lawyer with experience in probation hearings can be a valuable asset to help you defeat the accusations.
There are two types of violations of probation in Florida:
- Technical Probation Violation: These violations are less severe, and usually involve failure to meet a condition of your probations, such as missing a meeting with your probations officer, changing your address without permission, or failing to make mandated restitutions.
- Substantive Probation Violation: These violations are serious, and typically occur when you commit a new crime while on probation. It is important to note that the statute of limitations is waived when a crime is committed while you are on probation, and you can be prosecuted for the crime at any time.
Getting The Legal Defense You Need
Probation violations can come with severe penalties, and it can be easy for the court to render a verdict based on nothing more than evidence that removes reasonable doubt. Since the odds are already against you, it becomes even more crucial that you have help to protect yourself. The Law Offices of Kip Miller is prepared to challenge the accusations against you by using our experience and unmatched legal know-how.