Probation Violations in Florida: Risks, Defenses, and How to Protect Your Rights

The courts view probation as a second chance. It’s an opportunity to avoid prison while serving a sentence in the community. But probation also comes with strict conditions, and even minor missteps can put your freedom at risk. In Florida, a probation violation is taken very seriously and can result in harsh penalties, including incarceration. If you or a loved one has been accused of violating probation, it is critical to understand the risks, possible defenses, and steps you can take to protect your rights.

What counts as a probation violation?

When a judge places you on probation, they impose specific conditions that need to be followed exactly. A violation occurs when those terms are not met. In Florida, probation violations generally fall into two categories.

• Technical violations – Missing a probation appointment, failing to complete required classes or community service, traveling without permission, or testing positive for drugs or alcohol.
• Substantive violations – Being arrested or charged with a new crime while on probation.

Even small technical violations can lead to an arrest warrant and a hearing before the court.

Risks of violating your probation

Unlike new criminal charges, probation violations are handled differently. The burden of proof is lower. The state only needs to show by a “preponderance of the evidence” (or, more likely than not) that the violation occurred. This makes it easier for prosecutors to prove violations than to secure a criminal conviction.

If the court finds that you’ve violated your probation, the consequences can be severe. The court can:

• Revoke your probation and impose the original prison sentence
• Extend your probation with stricter terms
• Add additional fines, classes, or conditions
• Cause you to lose other privileges, such as your driver’s license or eligibility for early termination of probation

Judges have wide discretion, meaning outcomes can vary significantly.

Possible defenses to a probation violation 

There is some good news here. Not every alleged violation leads to a finding of guilt. A skilled defense lawyer can raise several defenses. These include:

• Lack of willful or substantial violation – If the violation was accidental or beyond your control (like missing an appointment due to hospitalization), the court can excuse it.

• Insufficient evidence – The prosecution’s burden of proof is lower, but they still have one. The state must still prove the violation occurred. Weak evidence may not be enough to convict you.

• Procedural errors – If proper notice was not given or the hearing was not conducted fairly, the violation can be challenged.
• Defense to new charges – If the violation is based on a new arrest, successfully challenging the new charges can prevent the violation from standing.

Talk to a Tallahassee Probation Attorney Today

Have you recently been sentenced to probation? If so, call the Tallahassee criminal defense lawyers at the office of Luke Newman, P.A. today. We can help keep you on probation and out of prison.