Florida Statute 948.06 states that a violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.
(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any probation officer may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and return him or her to the court granting such probation or community control.
A probation sentence should not be taken lightly, even though it is an alternative to incarceration. There can be severe consequences, including prison time if a probation sentence is violated. If you have been accused of violating your sentence, contact an experienced probation lawyer.
Under Florida law, a violation occurs when a defendant willfully and substantially fails to comply with their probationary sentence's terms and conditions. Whether a violation was both willful and substantial in nature depends on each case's facts and must be proven by the state by the “greater weight of the evidence.”
In Florida, there are two types of probation violations: technical violations and substantive violations.
A technical violation is when a person violates a condition of their probation:
For example: Failing to pay court costs, not completing court-ordered programs, failing a drug test, and missing probation-related appointments.
A substantive violation occurs when someone commits a new crime during their probationary sentence.
If a violation of probation of a low-level offense occurs, the supervising officer will initiate a procedure for your arrest. The probation officer will fill out an Affidavit of Violation. In felony cases, the probation officer will fill out a Corrections Violation Report. Both serve as a sworn statement outlining why the officer believes someone has violated their probation.
If an arrest warrant is issued and the accused is taken into custody, there will be a scheduled hearing to review the case, which might require jail time until a bond is requested.
If you are found guilty of committing a violation, there are three possible outcomes:
You may have a defense to your violation probation charge. You must hire an experienced probation violation attorney by your side to represent you during your probation hearing and other proceedings.
Defense Attorney West Palm Beach
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.
Visit us at https://justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348
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