After a person is convicted of a crime, a possible penalty that they may face is probation. This is when an offender is supervised by a probation officer as they become re-acclimated to living and working in their community. To keep their privileges, people on probation have strict regulations that they must follow.
A Violation of Probation occurs when 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. You can be in violation of your probation if you have broken one of its terms or if you have been convicted of a new crime.
If you or a loved one are facing a violation of probation in Melbourne, FL, or Brevard County, give us a call now for a free consultation. Our criminal defense lawyers have over 100 years of combined experience handling these types of cases across the state.
Probation Requirements
As stated above, there are certain requirements that offenders must maintain while on probation. Some of these include…
- Reporting to your probation officer
- Being subjected to random drug and alcohol testing
- Reporting changes of address
- Reporting changes in employment
- Not leaving the country without permission
- Engaging in community service
- Paying any fees/fines
- Being a law-abiding citizen/avoiding any additional convictions
Technical vs. Substantive Violations
Technical and substantive violations are two different types of probation violations that may carry different consequences.
A technical violation is an alleged violation of supervision that is not a new felony offense, misdemeanor offense, or criminal traffic offense. This is essentially when an offender violates a term of their probation. Examples of this type of violation include:
- Not reporting to your probation officer
- Failing a drug or alcohol test
- Not reporting changes in employment or address
- Not paying any required fines/fees
A substantive violation is when an offender commits a separate crime that is not related to their probation regulations. Examples include:
- Burglary
- Drunk driving
- Carjacking
- Drug possession/trafficking
- Shoplifting
Affidavit of Violation
Unfortunately, things do happen, and an offender might end up violating their probation terms. At this time, the probation officer has the power to fill out an Affidavit of Violation. In some cases, if the offender can produce a viable explanation, the officer may not pursue this step, however, the probation officer has authority over the matter. If the offender has committed a felony, the Department of Corrections will instead fill out the form. At your hearing, there is a chance that you may be required to return to prison to finish your sentence.
You are granted certain rights during a violation hearing. These include having an unbiased judge hearing your case, as well as a written notice detailing the exact elements of your violation. The best way to ensure that you receive these rights is to hire a qualified Melbourne attorney who has your best interests in mind.
Depending on the severity of your violation, you may face certain penalties after conviction. Because each person has an individual case and situation and punishments can depend on many factors including your criminal history, it is important to seek legal advice from an attorney for the most accurate advice. Nevertheless, some examples of penalties can include:
- Community service
- Probation changes – extension of probation time & additional regulations
- Rehabilitation programs
- Fines
- Jail time
If you find that you are in a Probation of Violation situation, please call us right away! It is important to note that the information on this website is for general information purposes only, and the best way to get advice for your personal case is to consult with an attorney. In certain scenarios, you may not face penalties if your defense can prove that your violation was an accident. Because of this, an experienced Violation of Probation lawyer such as the attorneys at Smith & Eulo can be the difference between a positive and negative outcome in your case.
If you or your loved one find themselves in a situation where you are being accused of violation of probation? Call us right away at 321-473-3621 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Melbourne office, we have offices in the following cities across the state of Florida:
- Kissimmee
- Jacksonville
- Sanford
- Ocala
- Clearwater
- Orlando
- Fort Myers
- Daytona Beach
- Miami
- Lakeland
- Fort Lauderdale
- Sarasota
- Tampa
*Additional Orlando Florida & Orange County Legal Resources