What Constitutes a Violation?
It is important that anyone sentenced to probation understand exactly what he or she can expect to happen if probation is violated. That means understanding what classifies as a violation. In Florida, the most common probation violations are:
- Failing to pay fines or court costs
- Missing meetings with probation officers
- Being late to meetings with probation officers
- Failing to complete court-ordered tasks, classes, etc
Violating probation also means that you will be provided with less protection within the criminal justice system, because you are already serving a sentence for conviction of a crime. Committing another criminal offense while serving probation is considered a substantive violation of probation. Some of the examples of what you can expect if you are charged with a substantive violation of probation include:
- No statute of limitations for violation of probation
- No bond
- No right to a jury trial
- Possibility of being forced to testify against yourself
- Possibility of hearsay being admissible in court
- You can be declared guilty without proof beyond a reasonable doubt
Violating your probation can result in significant penalties. A judge may make a determination that he or she will allow you a second chance, and will reinstate your probation. In some cases when probation is reinstated, the terms may be modified. A judge may also decide to revoke your probation, which will allow you to be subject to the maximum penalties for a conviction, depending on the original charges.
Violating your probation does not mean that you are automatically subject to incarceration or additional criminal charges. There are possible defenses that could result in a continuation of your probation, or a modification. If you have been accused of violating your probation, but you have not knowingly done so, then you may be able to defend yourself without harsh consequences. Additionally, if there is insufficient evidence supporting a claim of violating your probation, there may be hope for a successful resolution. The single best way to avoid violating your probation is to fully understand what is expected of you, and complete all tasks ordered by the court.
Unfortunately, no one is perfect and people make mistakes. If you are one of these people, then you need a legal representative that you can count on to advocate for your rights and your freedom.
If you are facing charges of violating your probation, no matter what the circumstances, call on the experience of a Florida Criminal Defense Attorney that cares about your rights and your individual case. It is important to act quickly in order to avoid harsh penalties and complex processes. At Marc A. Joseph, P.A. you can rest assured that your rights are our number one priority. Contact us today to schedule a free consultation of your case. Marc A. Joseph is dedicated to meeting the needs of his clients, and is ready to work for you. Call our office at any time at (813) 234-6374.