Technical and Substantive Probation Violations
Probation is an alternative to spending time behind bars that enables an offender to remain in the community under close supervision. The opportunity for probation is not always offered; probation can either be granted in lieu of prison time or it can be required in addition to prison time. Oftentimes, probation can shorten the time an offender spends behind bars. At other times, probation may last longer than a jail or prison sentence.
If you have been placed on probation, it is important to closely follow all the rules. Probation is offered as a way to rehabilitate offenders while keeping the community safe, and not everyone is eligible for it. It is often viewed as a way to give an offender a second chance, and is often a reward for good behavior during incarceration. When a person violates probation, he or she may face further significant consequences.
Probation Violations in Palm Beach
In Florida, there are two ways one may violate probation. A substantive violation occurs when the offender on probation (the probationer) is accused of committing a new offense. Whether the probationer is charged with a misdemeanor or felony offense while on probation, he will face additional penalties if convicted. If a conviction surfaces, probation may be revoked. It is possible that without a conviction the probationer will still be found guilty of violating probation. This could alter the terms of the original probation
A technical violation of probation occurs when the probationer is accused of failing to comply by the probation terms. Probation may require an offender to adhere to strict requirements. These may include:
- Making court appearances
- Reporting to the probation officer
- Community service
- Paying restitution
- Completing counseling
- Passing drug tests
- Remaining in the jurisdiction
- Not moving away without permission
- Weapons restrictions
- Paying fines
- Jail time
Failing to adhere to the terms of probation can result in a probation violation. You may have to attend a probation violation hearing following an accusation that you have violated your probation. Working with a criminal defense attorney can help you fight accusations of probation violations by your probation officer. At The Law Office of Gabriel & Gabriel we have experience representing individuals on probation who are facing a VOP warrant. Attorney Brian Gabriel has fought for the rights of the criminally accused for over 30 years and can help you discover other methods to resolving your case.
Contact a Probation Violation Attorney in West Palm Beach
Probation requirements are so strict, thousands are accused of technical probation violations annually. From 2014-2015, approximately 94,000 violation reports were submitted in Florida. Of these, about 66% were for technical violations. If you are accused of violating the terms of your probation, it can take weeks of attending several different hearings to be sentenced. If you are charged with a technical violation, the court may reinstate or modify your probation terms. Allow attorney Brian Gabriel to work toward the best possible outcome in your case. For a free consultation with a West Palm Beach probation violation attorney, call The Law Office of Gabriel & Gabriel at 561-622-5575 or contact us online.
Frequently Asked Questions About Probation Violation in Florida
Can probation be revoked in Florida?
Probation can be revoked in Florida. Generally speaking, it’s going to be revoked if an individual who was placed on probation has not complied with all the requirements. In Florida, if you violate probation and have been determined by the Court to be guilty of that violation of probation, the period or remaining period of probation can be revoked because the Court has the intention and sometimes will sentence the individual to an incarceration sentence, either in jail or in prison.
Do I have to complete the entire probation time?
When you accept a resolution in Florida, the court gives you a period of time that you’re going to be on probation. In certain circumstances, if you complete all of the special conditions of your probation ahead of that time, you can go in front of the judge again, petition the court and ask that court to terminate your probation early. However, in certain circumstances, the state attorney’s office will make it a condition that you’re not allowed to apply for early termination of probation. So again, if you are allowed to apply for it and you complete all of the conditions of your probation with no new violations, you can request the court’s early termination of your probation.
What are the general conditions of probation?
Probation will generally require an individual to comply with certain conditions. They include that the individual has to stay at the residence that they’re located in. If they want to move, notify law enforcement first. To stay employed at the same place, and if they lose their job or change jobs, to let their probation officer know first. Additionally, an individual on probation, as a general condition, cannot go out and commit new crimes. There also can be other conditions that are added to the general, which would be special conditions, but generally speaking, everybody on probation has to report on a normal basis, stay out of trouble, stay living where they live, and stay working where they work in order to comply with the conditions of probation.
