TAMPA PROBATION VIOLATION DEFENSE ATTORNEY

Types of Probation

If a judge determines that an offender does not pose a threat to the community, they may order probation, which involves supervision instead of incarceration. Community supervision can be an option for individuals with no prior criminal history or may be ordered in addition to jail time for misdemeanor or felony cases. However, judges cannot sentence individuals to probation if they have been convicted of capital felonies like murder. 

When evaluating whether probation is appropriate, judges often favor supervised release for individuals who have not been arrested before or who were convicted of a minor offense. They’ll determine the appropriate form of probation based on the severity of the crime and the offender’s criminal history. 

Below are several different types of probation and community supervision that may be ordered in Florida courts:

• Misdemeanor Probation: Individuals who have committed misdemeanor offenses in Florida may be ordered to serve probation for their crime instead of prison time, especially if this is their first offense. These probation conditions are less strict and involve fewer meetings with probation officers. 
• Felony Probation: Offenders sentenced to felony probation are supervised more intensely and require periodic meetings with their probation or parole officer. The court may also require a felony offender to complete a rigorous rehabilitation program like anger management or drug rehab. Offenders will also need to pay fines, court costs, and restitution under felony probation standards. 
• Sex Offender Probation: Offenders convicted of sex crimes in Florida must abide by strict rules, including a lengthy probation period that involves closer supervision than the usual probation sentence and additional regulations, such as curfew, internet monitoring, and more.
• Drug Offender Probation: Probation for those convicted of drug crimes in Florida usually includes entering a substance abuse program and random drug testing. Drug offender probation can also be ordered if the offender committed crimes such as theft, dealing in stolen property, or other offenses if the offender did so because of a drug addiction. 

Types of Probation Violations in Florida

Under Florida law, probation violations occur when you willfully and substantially fail to comply with the conditions of your probation. Willful and substantial violations must be shown by the state through the “greater weight of evidence.” This means there is a lower standard of proof required than with a typical criminal offense where the prosecution must prove their claims beyond a reasonable doubt. 

Because it is much easier to be found guilty of a probation violation at a VOP hearing, it is more critical than ever that you have a strong Tampa probation violation attorney on your side in court. Here’s an overview of some of the more common probation violations:

Technical Violations

A technical violation of probation in Florida occurs when a probationer fails to comply with the specific terms and conditions of their probation without committing a new crime. While it is considered a relatively minor violation compared to a new criminal offense, it can still lead to serious consequences, including possible revocation of probation.

Examples of a technical violation of probation in Florida include:

• Failing to report to a probation officer
• Failing drug or alcohol testing
• Missing a court-ordered curfew
• Not completing required community service
• Failing to pay court-ordered fines or restitution
• Traveling out of state on probation without permission

Substantive Violations

Unlike technical violations like failing to meet with a probation officer or failing a random drug test, committing a new crime while on probation is a more serious offense and may lead to a substantive violation of probation. Substantive violations can lead to harsher penalties, including probation revocation and possible imprisonment.

Common violations include:

• Being arrested for DUI or drug possession
• Committing theft, burglary, or fraud while on probation
• Assault and battery or domestic violence charges
• Possession of a firearm by a prohibited person
• Engaging in illegal drug sales or trafficking
• Driving with a suspended license if it results in criminal charges

What is the Penalty for Probation Violation in Florida?

If you’ve been accused of violating your probation, an Affidavit of Violation is submitted to the court. Once the hearing is complete, the judge can rule one of three ways: reinstate your probation, modify your probation with more severe terms, or deny your probation and send you back to jail. 

While returning to jail is not always the outcome of violating probation, it happens more frequently to those offenders who do not hire a probation lawyer to represent them. Having an experienced Tampa criminal defense attorney like Andrew Buda accompany you to your probation hearing is vital to your case and can mean the difference between remaining under probation or returning to jail.

Violation of Probation in Florida Jail Time

The penalties for probation violations can be severe, causing you to lose your freedom and significantly impacting your future. Not only can you be ordered to pay more in restitution, but you could also face more restrictions and other serious consequences. For example, an offender serving probation for a first-degree misdemeanor can be required to serve a year in jail and be fined $1,000 for a probation violation. Someone serving time for a second-degree felony who violates probation can be sentenced to up to 15 years of prison time.

Can a Lawyer Help With Probation Violation?

A probation violation accusation is not a one-way ticket back to jail. If you’re facing violation of probation charges, you still have an opportunity to defend yourself and maintain your probation sentence. Seeking guidance from a skilled Florida defense attorney is crucial in building a strong case to demonstrate that you deserve leniency, especially if this is your first offense. 

With the help of former prosecutors like Andrew Buda, you can get a better understanding of how the system works and have someone on your side who will advocate for the best possible outcome. 

A legal professional from Buda Law can help by:

• Protecting your rights during hearings
• Negotiating with prosecutors and probation officers to avoid the maximum penalty
• Presenting compelling evidence and testimony to the court
• Challenging the evidence of the alleged violation
• Arguing mitigating circumstances

• Demonstrating compliance with probation terms before the hearing