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Kissimmee Personal Injury & Criminal Attorney > Blog > Criminal Defense > What Happens if I Violate My Probation in the State of Florida?

What Happens if I Violate My Probation in the State of Florida?

It is not uncommon for an individual who has been convicted of certain crimes in the state of Florida to be placed on probation, either in place of incarceration or after having served a sentence of incarceration. Many individuals who are on probation ending up breaking the terms and conditions of their probation, simply because there are a lot of requirements to follow. When you violate one or more of the conditions of your probation, you may face legal proceedings for the revocation of your probation under Florida law.

Technical Probation Violations

Probation typically comes with many terms and conditions. If you don’t comply with one or several of these conditions, your probation officer may file documents indicating that you have violated your probation. Examples of technical probation violations include violations of conditions such as failing to complete community service hours, failing to pay fees, skipping appointments with your probation officer, failing to complete services as ordered by the court, such as anger management or substance abuse classes, and failing a drug test. Keep in mind that even the slightest violation of one rule could result in the revocation of your probation.

Probation Violations as a Result of New Criminal Charges

Another term of your probation is that you will not break the law and will not commit any additional crimes. Therefore, if you are arrested and/or charged with another crime while you are on probation, you very well also face probation revocation proceedings, which often result in a jail or prison sentence. These are often referred to as “new law” or “substantive” violations of probation.

Probation Revocation Proceedings

In many cases, if you arrested on allegations that you have violated your probation, the judge may not grant you a bond. This means that you will have to sit in jail, often for days or weeks, before your case is resolved. If the court finds that you violated your probation, you may end up serving a jail or prison sentence, or you could be reinstated to probation, depending on the circumstances.

New Florida Law Regarding Technical Violations Now in Effect

The good news is that a new state law, which took effect on July 1, 2016, allows the Chief Judge of each Circuit, in consultation with the State Attorney and Public Defender, to create an alternative sentencing scheme for those individuals who are accused of a technical probation violation. A probationer will have the option of admitting to the violation, waiving his or her right to legal counsel, and participating in the program, or the legal proceedings on probation revocation will progress just as they did prior to the new law. The new law also does not apply to those who allegedly have committed “new law” or “substantive” violations.

Reach Out to Us for Assistance

Whether you are facing allegation of a probation violation or simply accused of a criminal offense, the Florida criminal defense attorneys of Salazar & Kelly Law Group, P.A., are dedicated to defending your rights. We have the legal knowledge and skills necessary to represent your interests throughout your criminal proceedings by building a strong defense on your behalf. Our goal is to minimize your exposure to criminal penalties and help you get through your legal case as efficiently and successfully as possible. Contact our office at 407-483-0500 and set up a time to speak with us at your earliest convenience.

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