Tampa Probation Violations

Types of Probation Violations

A violation of probation must be a willful and substantial failure to comply with the terms and conditions of probation.

What does this mean?

• Willful means intentional or deliberate. Missing an appointment with your probation officer because you were involved in a car accident is an example of a violation that is not willful because it was not done on purpose.
• Substantial means large in size, value, or importance. In this sense, the incident must have been significant enough to count as a violation. Being five minutes late for your appointment with your probation officer or one day late in paying a fine is most likely not substantial enough to count.

Substantive Violations vs. Technical Violations

If a violation was willful and substantial, it can further be a substantive or technical violation.

• A technical violation is a violation of a standard or special condition of probation (i.e. only someone on probation could get arrested for this)
• A substantive violation occurs when a person on probation commits a new crime

If you're accused of committing a misdemeanor or felony while on probation, you may face criminal charges for the new offense, plus the consequences of probation violation, which could include an extension of probation or a revocation of probation altogether. Per Section 948.06(2)(b) of the Florida Statutes, a revocation means you could face the full sentence of the crime you were initially put on probation for. 

Getting Bond After a Probation Violation Arrest

If you or a loved one has been arrested for violating probation, you don't have the right to bond. Even so, if you have an attorney who can request a bond hearing and successfully represent you there, it is still possible to avoid incarceration by getting out on bond.

In such a bond hearing, a judge usually gets just enough time to read the arrest affidavit and the details of the alleged violation, and then they make the decision on whether to grant bond or not. It is crucial to hire a criminal defense attorney who knows you and can clearly and effectively advocate for you at every stage of your case.

A judge may be more disposed to grant bond if you were accused:

• Of a non-violent offense,
• A first-time violation of probation,
• A technical violation instead of a willful, substantive violation, and/or
• As a probationer who has no prior criminal convictions

If you know there is a warrant out for your arrest due to a probation violation, speak to an experienced defense lawyer right away about how best to proceed with your case. Whether your case is in Hillsborough County, or Pasco, Pinellas, or Polk County, you need someone who is well-versed in local courts, as certain regulations and legal options can vary from county to county and office to office.

Jail/Prison Sentences for Violations of Probation in Florida

The following are examples of probation violations that may result in a revocation of probation and the imposition of your full sentence:

• Being convicted of a new crime
• Absconding (moving/changing your phone number without telling your probation officer)
• Multiple lesser probation violations, such as failing to report, failing to pay a fine, missing court-ordered rehabilitation, etc.

Not all probation violations warrant imprisonment, and you have the right to legal counsel so you’re prepared for and represented at your hearing. This is why it is so important to involve your attorney as soon as you’re arrested or learn that you’re accused of violating probation.

The Probation Violation Hearing Process

Probation officers can exercise their discretion for most minor or first-time violations, meaning they may let you off with a warning. For more severe or repeat violations, however, you’ll likely face a hearing before a judge, who will decide whether you committed the violation and what penalty is appropriate.

These hearings present certain challenges, such as:

• You do not have the right to a jury.
• There is no statute of limitations on probation violations, so you could face a hearing for an alleged violation that happened at any time.
• You do not have the right to a bond while you’re waiting for your hearing.
• Hearsay (the report of another person’s words by a witness) is admissible against you.
• You may be forced to testify against yourself.
• Guilt does not have to be proven beyond a reasonable doubt.

What’s more, the judge will have a good deal of leeway in determining punishment for a violation of probation. With these factors stacked against you, it is much easier to prove you violated probation. 

Although these issues may make your case more difficult, our Tampa probation violation lawyers may be able to employ effective defense strategies to secure a positive outcome. 

Avoiding Negative Hearing Outcomes

If the judge decides you’ve violated your probation, he or she may enforce such penalties as:

• Increasing the length of your probation
• Introducing new, stricter terms
• Community service, fines, or rehabilitation
• Revoking probation, meaning you could face the maximum penalty for the charge you were placed on probation for

If you’ve been accused of a violation of probation, do not wait to involve an attorney. Right now, your freedom is already in jeopardy. You need someone on your side to help you prepare for your hearing and to protect your rights. In some cases, if our team can get involved early enough, we can even avoid a hearing in the first place.

Possible Defenses in Your Probation Violation Case

At Thomas & Paulk, our extensive criminal defense experience gives us an edge in Tampa probation violation hearings. We know the local judges, and we know what they’re looking for as they consider the evidence and make their decisions. Our attorneys are skilled at building defenses appropriate to our clients’ cases and that offer the best opportunity at a positive outcome.

Depending on the case, our defense strategy may include:

• Providing examples of your good character
• Challenging the alleged violation itself
• Bringing to light a violation of your rights. 
• Innocence, such as a case of mistaken identity
• Insufficient evidence to prove the violation

Carefully reviewing your case will help our lawyers determine the best approach based on the circumstances. Our job is to present the right argument in the right way, and we take this very seriously.

At Thomas & Paulk, we have the advantage of our experience as former prosecutors when we represent Tampa probationers. We know the law, the judges, the courts, and the probation officers. We use this experience to seek the best possible result in every case. No case is too complex or challenging for us to take on.