Violation of Probation
Being accused of violating your probation is a big deal. The judge will issue a warrant for your arrest, and unless you have extraordinary circumstances, you will be held in jail without bond until a hearing date.
There is no statute of limitations on probation violations and you have no right to a trial by jury. Your hearing will be before a judge and your fate will be decided by the judge. Further, the burden of proof (or, what the prosecutor must prove) is based upon a ‘preponderance of the evidence’, NOT ‘beyond a reasonable doubt’. So it’s ‘easier’ for the State to prove to a judge that you have violated your probation.
You should also know that you CAN be called as a witness at your own violation of probation hearing. You have no shield of testifying against yourself at a violation of probation hearing.
WHEW! You need an experienced attorney to guide you through this!
So, what kinds of probation are there?
Probation—you are ordered to follow certain rules or ‘conditions of probation’ and be in regular contact with your probation officers.
Administrative Probation—you are on probation, but you are not required to be in regular contact a probation officer.
Community Control—this type of probation allows you to be under supervised custody. Your freedom to go about your business is restricted to house or residential settings and may include surveillance probation officers.
Community Control II— this is more strict that ‘regular’ community control. It will include keeping tabs on you 24 hours a day/ 7 days a week by your assigned probation officer. Your sentence can include spending a certain amount of time in house /residential confinement. It can include 24/7 electronic surveillance.
Sex Offender Probation— this is a specific type of probation for those charged in sex crimes. You must be under a treatment plan and will be strictly supervised by a probation officer.
Community Control-Sex Offender—this is a very specific probation for those who committed a sex crime after September 30, 1997 that violated chapter 794 or s. 800.04, s. 827.071, or s. 847.0145. You will be under strict supervision, ordered to go through treatment, and must submit blood samples to the Florida Department of Law Enforcement (FDLE).
Drug Offender Probation—this is a specific treatment for those who are charged with drug crimes. You will be required to get substance abuse treatment, that will require random drug testing, and strict supervision.
So, what happens if I get charged with violating my probation?
Generally, if you are on probation, you will be charged with a violation of probation if the following happens;
- You are arrested /charged with another crime while you are on probation from a previous crime, or
- You have violated the terms of your probation. The terms can be things like;
- failing to show up for an appointment with your probation officer
- not paying fines that were part of the conditions of your probation
- failing to pay restitution to the victim.
- failing to do community service
- failing to undergo treatment, or completely finish your treatment
So what happens if you are found guilty of violating your probation?
- More conditions may be added to your probation terms.
- Your probation period may be lengthened or revoked, and
- You may get jail time or prison time.
Call Lisa York, Attorney and Counselor at Law today! Get an appointment to talk to an experienced criminal justice attorney about your violation of probation charge.
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