Florida Probation Violation
Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is “on probation” has been convicted of a crime but has served only part of the sentence in prison, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called “probation-able” offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others.
An offender on probation is ordered to follow certain conditions set forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction.
Types of Supervision
Intensive probation, home detention, GPS monitoring
These are highly intrusive forms of probation in which the offender is very closely monitored, and it is common for violent criminals, higher-ranking gang members, habitual offenders, and sex offenders to be supervised at this level.
Offenders under standard supervision are generally required to report to an officer, most commonly between biweekly and quarterly, and are subject to any other conditions as may have been ordered (as described above: treatment, community service, and so on).
Unsupervised probation does not involve direct supervision by an officer. The probationer is expected to complete any conditions of the order without the involvement of an officer, perhaps within a shorter period. For example, given one year of unsupervised probation, a probationer might be required to have completed community service, paid court costs or fines, etc., within the first six months. For the remaining six months, he or she may merely be required to refrain from unlawful behavior.
Informal supervision is supervised or unsupervised probation without having been found guilty of a crime. Probation terms such as search clauses or drug testing may be included. At the end of the informal supervision period, the case is dismissed. This is usually offered as part of a plea bargain or pre-trial diversion, and typically requires the accused to sign a form to waive some Constitutional rights, such as protection from unreasonable search and seizure while on probation.
Florida Probation Violation Defense Lawyer
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.
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.