A violation of probation is when you’ve been put under probation by a judge, whether it is a felony or a misdemeanor crime that you’ve either been convicted of or pled guilty to, and it has been alleged that you have violated either substantive or technical terms of your probation.
For a felony violation of probation if it is alleged you violated the terms of your probation your most likely not going to be able to get bond and will remain incarcerated until the violation of probation hearing has been conducted and concluded.
If it has been determined that there has been a violation of probation, you can be resentenced to the maximum term of jail or prison for the crime you are put on probation for. So, if you are put on probation for hitting someone you could still go to jail for a year.
The state must prove the violation of probation based on what we call a preponderance of the evidence, which is a lower standard of burden of proof than a criminal trial, which is beyond a reasonable doubt.
The hearing for in violation of probation will be in front of the judge. and not a jury. After hearing the evidence and the defense or explanation for the alleged violation of probation the judge will decide if a violation of probation has occurred.
A violation of probation may include anything from not paying court costs and fees, not paying court-ordered restitution to victims, committing a new crime, or even been around someone that is engaged in criminal activity. A violation may also be not completing court-ordered community service or any classes that are been ordered by the court.
So, it is very important that an individual on probation attends all court-ordered classes, performs all his or her community service, and adheres to the conditions for which they were awarded probation.
I served in the probation violation court for 18 months, and thoroughly understand a process, and a whole slew of special laws associated with allegations and the defense of alleged violations of probation.
Michael S. Brown, Esquire has been an attorney in the Orlando area for over 13 years. He was a prosecutor for over 5 years with the State Attorney’s Office in Orange and Osceola County. There, he handled misdemeanor cases, juvenile cases, felony cases, felony violations of probation, and litigated over 20 jury trials.
Mr. Brown left the State Attorney’s Office to become a civil litigator in the areas of foreclosure, breaches of contract, and insurance defense. He has practiced in Courts throughout the State.
Mr. Brown is admitted to practice in every Court in the State of Florida. He is a member of the Florida Bar and all 3 federal courts in Florida.