Probation is a common sentence in Florida's criminal justice system. It allows people to serve their sentence outside of jail or prison with specific conditions. However, violating these conditions can lead to serious consequences. This is known as a Violation of Probation (VOP).

The penalties for a VOP in Florida can be severe, even for a first offense. Many people worry about the possibility of immediate jail time.

In this article, we will explore the legal process, as well as potential penalties for a VOP in Florida. Whether you are on probation, have a loved one on probation, or are simply interested in understanding the legal consequences of probation violations, this guide will help you understand the process.

Understanding Probation Violations in Florida

Probation is a form of court-ordered supervision. There are legal requirements such as a written monthly report, payment of fines or other fees, and crime specific conditions of probation.

Completion of all terms and conditions well before termination of supervision is essential in order to prevent violation.

What Constitutes a Probation Violation?

A probation violation, or VOP, occurs when an individual fails to comply with the terms of their probation. This can happen in a variety of ways.

• Failing to report to your probation officer
• Failing a drug test
• Committing a new crime
• Failing to complete court-ordered programs or community service
• Leaving the county or state without permission
• failing to pay monetary requirements

Each is considered a violation of probation. The specific consequences will depend on the nature of the violation, the individual's probation terms, recommendations of the probation officer or others and the number of points if the case is a felony.

Technical vs. Substantive Violations

Probation violations can be categorized as either technical or substantive.

A technical violation involves breaking the terms of probation, but such a violation is not consider “willful and substantial”. Examples of technical violations include things such as being late or missing a probation appointment because someone else caused a traffic accident or failing to attend counseling sessions due to hospitalization.

On the other hand, a substantive violation is any violation that is legally “willfully and substantial”. The biggest problem with technical violations? The client is in jail without bond, this is a fact defense which requires a a non-jury VOP trial, and the burden of proof is lower.

“That's a technical” is something criminal defense lawyers hear from incarcerated clients frequently. Remember that VOP probation violation penalties are severe. This is usually a dangerous defense with high risk for the maximum sentence.

The Legal Process for VOP in Florida

When a probation violation is suspected, the probation officer will typically report it to the court. This initiates the legal process for a Violation of Probation (VOP).

The court then reviews the report and decides whether there is enough evidence to proceed. If so, a “No Bond” VOP warrant is issued and a hearing is scheduled.

What Happens After a Violation is Reported?

You were expecting a legal explanation here. This is more realistic and practical.

Family and friends will call several criminal defense lawyers hoping to hear that their loved one will be out of jail in minutes. Worse, members of the criminal justice system will give out false advice to shut family and friends up.

Usually this is done for two reasons: 1) to shut you up: they get pestered daily with family and friends frantically blowing up the phone lines. 2) to get you to blow up the law firm's phone lines so that no work to help your loved one can take place.

As a general rule, expect probation officers and corrections officers in the jail to tell you to call a lawyer while claiming they can easily solve all problems and get your loved one out of jail by 5 p.m. This not only gets you off of their backs, it puts you on ours in order to prevent an effective defense.

The VOP Hearing and Judicial Discretion

The first hearing is formal charging: Violation of Probation arraignment. This is where most cases settle. If there is a plea bargain, the judge will usually accept the agreement.

If there is a denial of VOP, then the case will be set for a trial. Such a trial is without a jury and called a Violation of Probation Evidentiary Hearing.

A Motion to Set Bond can be used in some cases to get an earlier court date for settlement in cases where the settlement will get someone out of jail. However, virtually all bond motions in VOP cases are denied.

Potential Penalties for a First-Time VOP

Penalties can range from reinstating the original probation terms to revoking probation and sentencing the defendant to jail or prison.

The severity of the penalty often depends on the nature of the violation and the original offense. In felony cases, sentencing points are critical.

Will Jail Time Be Mandatory?

Regardless of the outcome, assume jail time will be involved because there will be no bond on the VOP.

We frequently asked how to get a warrant dismissed without a turn in, or how to get a bond, but you must assume there will be no bond on a VOP warrant.

Other Possible Consequences

Aside from jail time, a VOP can have other serious consequences. If conviction was withheld, there will be a conviction upon settlement or adverse hearing verdict.

A VOP can also impact your criminal record, employability and other life consequences.

Mitigating Factors and Legal Defense

Certain mitigating factors may influence the judge's decision. You will need legal counsel to help identify if any apply. The things you think are important may or not be legally important.

The best legal defenses in VOP cases are legal issues that knock out allegations without risk of an adverse verdict caused by factual defenses.

The Role of a Defense Attorney in VOP Cases

A defense attorney is necessary in VOP cases. The risk is much higher than when the case was first litigated.

An experienced attorney can also negotiate with the prosecution on your behalf. This can potentially result in a more favorable outcome, such as reduced penalties or alternative sanctions.

Conclusion and Next Steps

Facing a VOP in Florida can be a daunting experience. The potential penalties can be severe, and the legal process can be complex and confusing. However, it's important to remember that you have rights and options.

If you're accused of a VOP, it's crucial to seek legal advice as soon as possible. An experienced attorney can guide you through the process, protect your rights, and help you achieve the best possible outcome. Understanding the potential consequences and your legal options is the first step toward navigating this challenging situation.

To schedule a consultation with Cobb Criminal Defense Law Firm, contact us online today!