- Dorothy Naumann
- Indian River County, FL
Probation is a court-ordered period of supervision that allows a person to remain in the community under specific conditions rather than serve a sentence of incarceration. When those conditions are not met, Florida law provides a formal process for addressing the alleged violation.
Probation Conditions Under Florida Law
When a court imposes probation, the defendant is required to comply with a set of conditions established under Florida Statute 948.03. Standard conditions typically include reporting regularly to a probation officer, remaining within a designated geographic area, refraining from criminal activity, and abstaining from drugs and alcohol. Additional special conditions may be imposed depending on the nature of the underlying offense.
Probation is supervised by the Florida Department of Corrections through its community corrections division. Probation officers are responsible for monitoring compliance and reporting violations to the court.
How Violations Are Reported
A violation of probation (VOP) may be reported in one of two ways. A technical violation occurs when a probationer fails to comply with a non-criminal condition of probation, such as missing a scheduled appointment with a probation officer, failing a drug test, or failing to pay court-ordered fees. A substantive violation occurs when the probationer is arrested for a new criminal offense while on probation.
When a probation officer determines that a violation has occurred, the officer files an affidavit of violation with the court. The affidavit describes the alleged violation in detail.
Warrant Issuance
Upon receiving the affidavit, the court may issue a warrant for the probationer’s arrest. Unlike a standard arrest, a person arrested on a violation-of-probation warrant is generally not entitled to bond as a matter of right under Florida law. The court has discretion to set bond or to hold the defendant without bond pending the violation hearing.
Violation of Probation Hearings
A violation-of-probation hearing is not a jury trial. It is conducted before a judge, who determines whether the violation occurred. The standard of proof at a VOP hearing is a preponderance of the evidence, a lower standard than the beyond a reasonable doubt standard applied in criminal trials.
At the hearing, the state presents evidence of the alleged violation. The defendant has the right to present evidence and to be represented by an attorney. Hearsay evidence that would not be admissible in a criminal trial may be considered at a VOP hearing under Florida law.
Possible Outcomes Under Florida Law
If the court finds that a violation occurred, it may:
- Reinstate the original probation with the same or modified conditions
- Extend the period of probation
- Impose a new period of community control (house arrest)
- Revoke probation and impose any sentence that could have been imposed at the original sentencing, up to the statutory maximum for the underlying offense
If the court finds that no violation occurred, the probationer is returned to probation under the existing terms.
Right to Legal Representation
Any person facing a violation-of-probation proceeding in Florida has the right to legal representation. Because the potential consequences include incarceration up to the maximum sentence for the original offense, the right to counsel applies at all stages of the VOP process.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone facing a probation violation proceeding in Indian River County or the surrounding area may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.