Florida Probation Rules, Violation of Probation and Probation Violation Defense Lawyer
Palm Beach County Circuit Judge Stephen Rapp denied Wilson’s request to stop the regular check-ins during the remainder of her five-year probation term. The sentence began in December 2009 after Wilson, now 49, pleaded guilty to two counts of manslaughter by culpable negligence.
Wilson’s attorney submitted the request Jan. 31, describing her as a “model probationer” who now needs to travel frequently for her job.
The State Attorney’s Office agreed with the proposed change, and Brondolo’s parents, Jill and Chris, also didn’t object, said prosecutor Andrew Slater.
Along with the probation, Wilson’s sentence also required a psychological evaluation, a meeting with the Brondolos, and service as a spokesperson to raise awareness of carbon monoxide poisoning, including talks with civic groups and schools using her experience as an example.
Wilson fulfilled those conditions, Duncan and Slater said. There was only the question of having to report to about two years more of meetings at a Delray Beach probation office.
“Ms. Wilson punishes herself daily and will never forget what happened regardless of whether she reports once a month,” Duncan said. “She doesn’t need that extra reminder.” Source, full story.
Probation– means a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03.
Administrative probation – means a form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to non-reporting status until expiration of the term of supervision.
Community control– means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.
Two Types of Probation Violations
- Substantive Violation of Probation – meaning you have been charged with a new criminal violation. You have been arrested for something new while you are on probation.
- Technical Violation of Probation – A technical violation is when a probationer either fails to do something that he/she has been ordered to do as part of their probation or he/she does something that was prohibited by probation.
Examples of Technical Violations of Probation:
a) Failed to notify probation officer of a new change of address
b) Failed to successfully complete a drug or alcohol program in a specified time period
c) Tested positive for alcohol or drugs
d) Failed to file a monthly probation report
e) Failed to report to your probation officer
f) Failed to pay required court costs or fees associated with probation
g) Probationer left the county or state jurisdiction without prior approval
h) To be untruthful to your probation officer
About the Florida Department of Corrections
The Florida Department of Corrections (DC) is the third largest state prison system in the country with a budget of $2.4 billion, just over 100,000 inmates incarcerated and another 115,000 offenders on active community supervision.
The DC has 146 facilities statewide, including 68 prisons, 40 work/forestry camps, one treatment center, 33 work release centers, five road prisons and one boot camp. About three quarters of its staff of more than 25,000 employees are either certified correctional officers or probation officers. The average DC employee is 41 years old and has been with the agency for almost nine years. There were no prison escapes from a major prison last fiscal year.
In August 2012, the Florida Department of Corrections housed 100,272 inmates in its 60 state prisons (including seven private prisons), and supervised almost 115,000 active offenders on community supervision at 156 probation offices throughout the state.
The Department employs approximately 23,700 employees, the majority of whom are Correctional Officers or Correctional Probation Officers.
Florida’s recidivism rate has dropped to 30%, which means almost one of every three inmates released from a Florida prison returns to prison in Florida within three years. (This does not include the number of inmates who return to county jails, federal prisons or prisons in other states. (source)
Florida Probation Violation Defense Lawyer
The law Office of Andrew D Stine is committed to representing those Probationers who have violated their Probation or are about to be violated by their Probation Officers.
First, the Probationer must understand they have due process rights. The Probationer must have notice of the condition for which the violation is alleged. Probationers must not be misled by rules that have ambiguous or subjective meanings, which their Probation Officers may attach to their probation order or requirements.
Second, the Probationer must have notice of the violation, and be properly charged with the violation. This means the warrant or affidavit of violation must be specific and all the terms must be clear. Moreover, a trial court cannot find a violation of a Probationer for a term not contained within their probation order or alleged within the warrant or affidavit.
In Florida the most common types of Probation Violations are substantive and technical. Substantive violations occur when the Probationer commits a new crime violation. Technical violations occur when the Probationer omits to complete a condition or willfully violates a condition of his probation.
Florida law allows a Probationer to receive the maximum penalty, which the Probationer faced when the original criminal charge was filed.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300. Se habla español.