A probationary sentence allows a convicted person to avoid jail or prison, provided they follow strict court-ordered rules. In Florida, probation often includes reporting to a probation officer, remaining law-abiding, paying fines, completing classes, and avoiding drugs or alcohol.
But if someone violates any of those conditions, the court may take action. A violation of probation can lead to an arrest warrant, a court hearing, additional restrictions, or even a jail or prison sentence.
Understanding what happens if you violate probation is important because Florida courts have broad authority when deciding whether to continue, modify, or revoke probation.
What Is a Violation of Probation?
A violation of probation happens when a person fails to comply with one or more conditions of probation. Florida recognizes two main types of probation violations:
- Technical violations
- Substantive violations
A technical violation of probation involves breaking one of the probation rules without committing a new crime. Common examples include:
- Missing a meeting with a probation officer
- Failing a drug or alcohol test
- Not completing community service
- Missing a required class or counseling session
- Leaving the county without permission
- Falling behind on restitution or court payments
Florida law specifically defines many of these as “low-risk” technical violations.
A substantive violation happens when the person commits a new criminal offense while on probation. For example, being arrested for theft, drug possession, or DUI while on probation could trigger a violation of probation case in addition to the new criminal charge.
How a Violation Case Begins
Most probation violation cases begin when a probation officer believes that a violation occurred. The officer may file an affidavit with the court explaining what happened and identifying which condition of probation was violated. Once the affidavit is filed, the judge can:
- Issue an arrest warrant
- Issue a notice to appear in court
- Set a bond or hold the person without bond
Under Florida Statute 948.06, a person accused of violating probation may be arrested and brought before the court for a first appearance hearing.
In many cases, especially when the violation involves a new criminal charge, the person may remain in jail until the judge decides whether to grant bond.
The First Appearance Hearing
After an arrest for a violation of probation, the court usually schedules a first appearance hearing. At this hearing, the judge advises the individual of the alleged probation violation and decides whether the person will stay in custody or be released until the next hearing.
Unlike many criminal cases, there is no automatic right to bond after an arrest for a probation violation. A judge can keep a person in jail if the court believes they are a danger to the community or may fail to appear in court.
This is one reason why hiring a probation violation attorney quickly is so important.
What Happens at a Probation Violation Hearing in Orlando?
If the person denies the allegations, the court schedules a violation of probation hearing.
A probation violation hearing is different from a criminal trial in several important ways:
- There is no jury
- The judge alone decides the case
- The prosecutor does not have to prove the violation beyond a reasonable doubt
- The rules of evidence are less strict
Instead, the prosecutor only has to prove the violation by a “greater weight of the evidence.” The judge must also decide whether the violation was willful and substantial.
At the hearing, the accused person still has important rights, including the right to:
- Be represented by an attorney
- Present witnesses and evidence
- Cross-examine the state’s witnesses
- Testify or remain silent
Florida law specifically gives a person the opportunity to be heard “in person or by counsel.”
Technical Violation of Probation Cases
Not every probation violation results in jail. In some cases involving a first-time technical probation violation, Florida law requires the court to continue or modify probation rather than revoke it.
This rule may apply if:
- The violation is low-risk
- The person is not considered a violent felony offender
- The person has not previously violated probation during the same probationary sentence
Examples of low-risk technical violations include missing an appointment, testing positive for drugs or alcohol, violating curfew, or failing to complete monthly probation requirements.
When those conditions are met, the court may:
- Extend probation
- Add new conditions
- Order additional counseling or treatment
- Sentence the person to up to 90 days in county jail while allowing probation to continue
Florida courts have increasingly used these alternatives for first-time technical violations instead of immediately sending someone to prison.
When Florida Courts Revoke Probation
The most serious consequence is when a judge revokes probation.
If the court revokes probation, the judge may impose any sentence that could have been imposed for the original offense. That means even if a person originally avoided jail, they may now face the full maximum sentence allowed by law.
For example:
- A third-degree felony could result in up to five years in prison
- A second-degree felony could result in up to fifteen years in prison
- A first-degree felony could result in up to thirty years in prison
Florida courts are more likely to revoke probation when:
- The violation involves a new criminal offense
- The person has multiple prior violations
- The person absconded or disappeared from supervision
- The violation involved violence or threats
- The judge believes the person poses a danger to the community
In cases involving certain violent felony offenders, Florida law may require the court to revoke probation if the judge finds the person is a danger to the public.
What Happens if You Violate Probation in Orlando More Than Once?
Repeated violations are treated much more seriously. While a first-time technical violation may lead to a warning or modification, multiple violations can make the court less likely to continue probation.
Florida law allows each judicial circuit to create alternative sanction programs for low-risk violations. However, a person becomes ineligible for those programs after multiple technical violations within the same probation term.
Why You Need a Criminal Defense Attorney for Probation Violation
A probation violation case moves quickly, and the consequences can be severe. Because the state’s burden of proof is lower than in a criminal trial, it is easier for prosecutors to prove a violation of probation.
A criminal defense attorney for probation violation can:
- Challenge whether the violation was willful or substantial
- Present evidence showing there was a valid excuse
- Argue for modification instead of revocation
- Negotiate with the probation officer and prosecutor
- Seek release from jail while the case is pending
An experienced probation violation attorney may also help protect you from receiving the maximum sentence.
Are You Accused of Violating Probation? Call Orlando Attorney Alison M. Lopes
A violation of probation does not automatically mean you will go to jail, but it is a serious matter that should never be ignored. Florida courts can continue, modify, or revoke probation depending on the facts of the case and the person’s history.If you are facing a technical or substantive violation of probation, contact the Law Offices of Alison M. Lopes in Orlando. today at 407-442-2724. Attorney Lopes is a board-certified criminal trial lawyer, representing clients in a wide range of criminal matters, including felony, misdemeanor, and traffic allegations. Speaking with an experienced probation violation attorney as soon as possible can make a significant difference in the outcome of your case.