Florida Probation Violations: What Happens If You Miss a Meeting or Fail a Drug Test?
The decision to place someone on probation rather than incarcerate them means there is a chance to forge a new beginning. This is because being on probation involves following very strict conditions, and even a minor violation of these terms can lead to severe penalties. It is therefore important to know the process involved when facing probation violation charges in Florida.
What is a probation violation?
Florida imposes certain requirements on probationers. Such requirements typically include reporting to their probation officer, finding a job, doing community service, joining treatment programs, making payments, avoiding criminal activity, and taking tests to check for drug or alcohol abuse.
A violation of the terms of probation occurs when a person fails to meet any of those requirements. There are violations that are considered technical, and there are violations that involve committing a new crime.
Technical violations can include not going to an appointment with the probation officer, not completing mandatory courses, missing scheduled payments, going out of town without permission, and testing positive for drugs or alcohol. Even though such violations are not as severe as committing a new crime, they can carry harsh consequences.
What happens after an alleged violation
Should the probation officer suspect a violation of terms, they are entitled to file an affidavit before the court regarding the offense. The judge then issues a warrant for the probationer’s arrest.
One aspect that distinguishes the process for probation violation offenses is that the person cannot obtain bond, as it is a matter of right. This implies that the person could be detained till the violation hearing takes place.
The prosecution must demonstrate during the hearing that the violation was willful and substantial. The criteria are different from those required in a criminal trial, where the burden of proof is “beyond a reasonable doubt.” In this case, the judge only determines whether sufficient evidence exists to indicate a willful violation of the probation terms.
What are the possible penalties for a probation violation?
In the event that there is evidence to suggest that there has been a probation violation, the judge can opt for several courses of action. It would be possible to have probation reinstated under the same terms; to modify the existing terms by adding new ones; to extend the probation; or to revoke probation.
If probation is revoked, the judge may impose any sentence that could have been imposed for the conviction in the first place. This would mean that, in certain circumstances, it would lead to imprisonment despite having previously been avoided. Several considerations would come into play here.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents who are facing criminal charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.
