Probation can allow someone convicted of a crime in Florida to remain in the community instead of serving additional time in jail or prison. However, probation comes with strict conditions, and even a seemingly minor mistake can lead to serious consequences.
If you are serving probation in Florida, the most important rule is simple: understand every condition of your probation and take each one seriously. A violation can result in an arrest warrant, a violation of probation hearing, and potentially jail or prison time.
Below are some of the most important steps you can take to reduce your risk of violating probation in Florida.
1. Understand Every Condition of Your Probation
Probation conditions vary depending on the offense, sentence, and circumstances of the case. Do not assume that you know what is required simply because you have been on probation before or know someone else who has.
Common probation conditions in Florida may include:
- Reporting regularly to a probation officer
- Paying fines, court costs, restitution, or supervision fees
- Completing community service
- Attending counseling or treatment programs
- Submitting to drug or alcohol testing
- Avoiding contact with certain individuals
- Remaining within an approved geographic area
- Maintaining employment or seeking employment
- Obeying all state and federal laws
Keep a copy of your probation order and review it carefully. If you do not understand a condition, ask your probation officer or speak with a Fort Lauderdale criminal lawyer rather than making assumptions.
2. Never Miss a Meeting With Your Probation Officer
Reporting requirements are among the most important conditions of probation. Missing a scheduled appointment could result in your probation officer alleging a violation.
Keep track of every reporting date and arrive on time. Consider placing appointments in your phone calendar with multiple reminders.
If an emergency prevents you from attending an appointment, contact your probation officer as soon as possible. Document your attempts to communicate and retain any evidence supporting the reason you could not appear.
Simply ignoring a missed appointment can make the situation significantly worse.
3. Take Drug and Alcohol Restrictions Seriously
Depending on the terms of your probation, you may be prohibited from consuming drugs, alcohol, or both. You may also be required to submit to random testing.
A failed or refused test can potentially result in a violation of probation.
If substance abuse treatment, counseling, or testing is part of your probation, attend every required session and maintain documentation showing your participation.
4. Keep Records of Everything You Complete
Good recordkeeping can become extremely important if there is ever a disagreement about whether you complied with probation.
Keep copies of receipts, certificates, payment confirmations, community service records, treatment records, and other documents showing that you completed your obligations.
For example, if you are ordered to perform 50 hours of community service, do not simply assume the organization will properly report your hours. Obtain written documentation for your own records.
5. Do Not Wait Until the Last Minute to Complete Requirements
A common mistake is waiting until probation is almost over before completing required classes, community service, payments, or treatment programs.
Unexpected problems can arise. Classes may fill up. Work schedules may change. A community service organization may no longer have available hours.
Start completing probation requirements as early as reasonably possible. Doing so gives you time to address complications before they become potential violations.
6. Avoid New Arrests and Criminal Charges
Being arrested for a new offense while on probation can create a particularly serious situation. Even when someone has not yet been convicted of the new charge, the alleged conduct may become the basis for a probation violation proceeding.
If you are arrested or accused of committing another crime while on probation, contacting a Fort Lauderdale violation of probation lawyer promptly can be critical. The new criminal case and probation proceeding may involve different legal issues and procedures that must be addressed strategically.
What Happens If You Violate Probation in Florida?
Florida generally recognizes both technical violations and substantive violations of probation.
A technical violation involves failing to comply with a condition of probation, such as missing an appointment, failing a drug test, or not completing required community service. A substantive violation generally involves allegations that the probationer committed a new criminal offense.
If a probation officer alleges a violation, the court may issue a warrant, and the probationer may be taken into custody. A violation of probation hearing differs from a standard criminal trial, including in important procedural and evidentiary respects.
If the judge determines that probation was willfully and substantially violated, the court may revoke, modify, or continue probation. Depending on the original offense and circumstances, revocation could expose the defendant to significant incarceration.
What Should You Do If You Think You Violated Probation?
Do not assume that a violation automatically means you will go to jail or prison. Whether the state can prove a violation and what consequences may follow depend on the specific facts.
You should also avoid trying to explain a potentially serious violation without first considering the legal implications of what you say.
An experienced criminal defense attorney can examine the alleged violation, review the original case and probation conditions, evaluate available defenses, and advocate for the best possible outcome.
Contact Hassett & Associates, P.A. About a Florida Probation Violation
Kenneth P. Hassett and Hassett & Associates, P.A. represent individuals facing criminal charges and probation-related matters in Fort Lauderdale and throughout South Florida. Attorney Hassett understands that a probation violation can put a client’s freedom and future at risk and works to carefully evaluate the circumstances surrounding each allegation.
If you have been accused of violating probation—or believe that you may have unintentionally violated one of your probation conditions—it can be beneficial to obtain legal advice before the situation escalates.
Contact Hassett & Associates, P.A. to discuss your case with an experienced Fort Lauderdale criminal lawyer. If a warrant has been issued or you are facing a violation hearing, a Fort Lauderdale violation of probation lawyer at the firm can help you understand your options and develop a strategy for addressing the allegations.
