Probation in Florida is court-ordered supervision that allows you to stay out of jail, prison or house arrest. A probation violation occurs when you fail to comply with requirements of your probation.

Requirements can include completion of court ordered community service, substance abuse counseling, courses like anger management, or life skills, or payment of restitution. It can also mean staying away from victims and maybe even victims’ family, friends, and places they frequent. You will need to report to your probation officer and allow your probation officer to visit your place of work, residence, and other places you frequent. You may need to get and keep yourself employed. You will have to refrain from committing any other crimes and associating with other criminals. You likely will not be allowed to posses or carry a firearm and you may need to submit to random drug testing.

Purpose of Probation

In general, probation is given after a person has been found guilty or pleaded no contest to a violation. Probation can be given as part of the penalty for the conviction. Probation can given as penalty for any number of offenses, misdemeanors or felonies. Since a felony is more serious than a misdemeanor, felony probation is usually stricter with more stringent supervision.

You need to consistently behave while on probation. It is an opportunity to show the court that you can control yourself and learn from your criminal behavior so that you will not get in trouble with the law again. Your conviction will result in a jail sentence but you may get that sentence set aside for a probation. You better appreciate the court giving you probation and adhere to its terms. Failure to do so usually lands you in jail to serve out the original jail sentence.

Probation Violation Examples

The exact ways a person can violate their probationary agreements can vary greatly depending on the crime/offense committed, the individual’s personal record (first-time offense, community standing, etc.), and any number of factors considered during the case.

Some general examples can include:

• Missing Court Appearances

If the judge orders a person to appear before the court at any time during the probation period, do not ignore the order and don’t rely on excuses like sickness or traffic problems to sway the judge’s opinion for failure to appear.

However, if the defendant does have issues with transportation or family obligations, remember to communicate those concerns to the judge prior to probation.

• Not Paying Fines

Probation agreements tend to require the individual to pay fines and/or restitution as part of the process, generally not much more than $1,000. While most courts will accept payment as part of a payment plan, or a period of time allowing the individual to make smaller payments instead of one bulk payment, the individual on probation still has to make the payments.

• Committing another Crime

Never a good idea, especially when you’re still under supervision for the first crime.

Penalties

Again, this depends on a variety of factors, including the original crime. Penalties can include:

• Adding to the probation time frame
• Impose additional penalties, such as additional fines or suspending your driver’s license
• End the probation and send you to prison to serve out the remainder of your term.

Farkas and Crowley – Leading West Palm Beach Criminal Defense Lawyers

If you have been charge with a crime or if you have been granted probation and violated your probation, you will want to obtain the legal services of Farkas and Crowley. Experienced, skilled, and compassionate lawyers, we are ready to rigorously represent our clients. Contact us today.