What Happens During a Florida Probation Violation Hearing?

When you’re placed on probation, your probation officer will inform you of the specific rules you must follow to remain in good standing with the State of Florida. Those who disobey the conditions set by the state can be charged with a probation violation. In some cases, these charges can be resolved by agreement with the judge. However, it is important to know what to expect from the hearing and how it works to protect your rights.

How is a probation violation different from a new criminal offense?

A probation violation proceeding is based on different rules than most criminal prosecutions. Since you have already been found guilty of a crime and have violated the terms of your probation, you will have less legal protection than someone who is facing a new crime. In addition, there are several other key differences between a probation violation hearing and a hearing for a new criminal offense. Those include:

• There is no statute of limitations for a probation violation
• You have no right to a trial by jury
• You can be forced to testify against yourself under the threat of perjury
• Hearsay is admissible in a probation violation hearing
• Your probation officer is often the state’s only witness
• You have no constitutional right to request bail while waiting for your hearing
• Guilt is proven “by a preponderance of the evidence” which is a lower standard than “beyond a reasonable doubt”

What are the possible outcomes of a probation violation hearing? 

There are three potential outcomes for those found to have violated the terms of their probation. These include:

• Your probation can be revoked – The judge will impose a sentence associated with the original charge, including incarceration.

• Your probation can be modified – The judge can add new conditions to your probation or extend the probationary period.

• Your probation can be reinstated – For minor infractions, a judge can choose to reinstate your probation without making any modifications. This happens rarely, however.

What can I expect during a probation violation hearing?

 Essentially, probation is conditional freedom granted by a judge as an alternative to incarceration after you have been convicted of a criminal offense. On probation, you agree to refrain from committing any new criminal violations, keep the peace, and fulfill other conditions that the judge imposes. The court will also likely order you not to possess firearms or ammunition.

The court may elect to include other orders as a condition of your probation. Such conditions are usually related to the underlying offense. For example, DUI probation usually includes substance abuse treatment and an alcohol awareness program. Domestic violence probation typically includes participation in an anger management program.

Being on probation is no fun. There’s a lot that is expected of you and if you fail to make good on the conditions of your probation, you could end up back in prison. However, the alternative to probation is incarceration. Incarceration is much worse.

Talk to a Tallahassee Criminal Defense Attorney Today 

Luke Newman, P.A. represents the interests of Tallahassee residents who have been charged with serious crimes. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin strategizing your defense right away.