Violation of Probation Defense
Have you been arrested or accused of a Violation of Probation in Tallahassee, Crawfordville, Quincy, or Apalachicola? Do not talk to law enforcement about your case. Contact an experienced, local criminal defense lawyer today.
Attorney Lucas S. Lanasa has handled hundreds of criminal cases as both a prosecutor and defense attorney. Here at the Lanasa Law Firm, we have the experience necessary to protect your rights and defend your violation of probation case. Contact us today for your free and confidential criminal case consultation.
What Is Probation
Probation is a sentencing alternative to imprisonment in Florida. Instead of being housed in the county jail or state prison, the probationer lives in the community, but he/she is required to check in with a probation officer regularly.
Who Monitors Probation
Probationers are monitored by officers in their county of residence by the Florida Department of Corrections or the county’s probation office as follows:
- State Probation: A term of probation ordered in circuit court for Felony Offenses is monitored by the Florida Department of Corrections and is referred to as “State” or “Felony” probation
- County Probation: A term of probation ordered in county court for Misdemeanor Offenses is monitored by the county probation office and is referred to as “County” or “Misdemeanor” probation
General Conditions of Probation
A sentence of probation requires the probationer to follow certain standard rules referred to as “General Conditions of Probation.” These requirements can be found in Section 948.03, Florida Statutes. General Terms of probation require the probationer to do things including, but not limited to:
- Obtaining the Probation Officer’s consent before changing residences;
- Make a full and truthful reporting to the Probation Officer at lease one time per month;
- Live and remain at liberty without violating any law;
- Abstain from carrying or possessing any weapon during the period of probation;
- Abstain from using intoxicants to excess during the period of probation;
- Pay the monthly cost of supervision associated with probation.
Special Conditions of Probation
In addition to the general or standard terms of probation, the judge in a criminal case is authorized to impose special conditions of probation that relate to the crime charged. The following are examples of special conditions of probation:
- House Arrest: The judge may require that the probationer stay in their approved residence unless specifically authorized by their Probation Officer to leave. Probationers are typically only permitted to leave for reasons like work, school, job hunting, grocery shopping, and other necessary life activities.
- Curfew: The judge may require that the probationer return to and remain in their approved residence during certain hours of the day, unless they are specifically authorized by their Probation Officer. A common curfew imposed in criminal cases would require the probationer to be in their approved residence between the hours of 7:00 p.m. and 7:00 a.m.
- Drug/Alcohol Testing: The judge may require that the probationer submit to chemical testing for drugs and/or alcohol as a special condition of probation. Drug and/or alcohol testing can be ordered on a random basis or may be required with a specific frequency (i.e. 1-4 time per week/month).
- Training/Counseling: The judge may require that the probationer complete some training, certification, or counseling as a special condition of probation. Examples of counseling ordered in criminal cases include drug and/or alcohol counseling, anger management, driving improvement courses, and mental health treatment.
What Is a Violation of Probation
A violation of probation occurs when a probationer “willfully” and “substantially” violates the terms of his/her probation.
If the Probation Officer or any law enforcement officer has reasonable grounds to believe that the probationer has violated the terms of probation in a material respect, they may arrest the probationer or request that law enforcement arrest the probationer with or without a warrant.
If a Judge has reasonable grounds to believe that the probationer has violated the terms of probation in a material respect by committing a new violation of law, the Judge may issue a warrant for the probationer’s arrest.
Allegations of Violation of Probation are resolved with a hearing before the Judge.
THE PROBATIONER IS NOT ENTITLED TO A JURY TRIAL FOR A VIOLATION OF PROBATION.
If found to have “willfully and substantially” violated the terms of his/her probation, the probationer can be sentenced to incarceration for the maximum allowable time for the underlying crime.
A VIOLATION OF PROBATION CAN CARRY SERIOUS CONSEQUENCES
Schedule Your Free Consultation Today
Have you been arrested or accused of a Violation of Probation in Tallahassee, Crawfordville, Quincy, or Apalachicola? Do not talk to law enforcement about your case. Contact Lanasa Law Firm today to schedule your free and confidential consultation.