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Violation of Probation

Violation of Probation

Probation is a part of a criminal sentence; it can be after or instead of incarceration. Probation and parole are very similar, probation is just part of the original sentence as opposed to an alternative to finishing a prison sentence like parole. Both programs are types of “community supervision”, they can be used to keep track of convicted individuals, offer treatment resources, or restrict the individual to any other terms as determined by the court.

Unfortunately, it is common for those on probation and parole to be accused of violating the terms. If you are accused of violating the terms of your probation, the court may revoke, modify, or continue the terms of your probation as it deems necessary. These accusations of violation of probation can carry significant consequences, and can frequently include arrest, no right to bond upon arrest, no tolling of time already served on probation, the addition of subsequent charges, a guilty conviction for the original offense, and/or an imposition of any sentence the original offense could have incurred.

Tallahassee Violation of Probation Attorney

To protect yourself against allegations of violating your probation, contact Pumphrey Law today. The experience and knowledge of the attorneys at Pumphrey Law can be crucial to your case in Tallahassee, or anywhere else in Florida. It is imperative to hire an attorney who can protect your interests, and help you avoid the most severe consequences. Contact the firm at (850) 681-7777 to discuss the facts of your alleged probation violation in Leon County, Florida.

Violations of Probation Information Center

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What is a Probation Violation in Florida?

According to Florida Statutes § 948.06, if your probation officer has any reasonable grounds to believe you violated your probation requirements in any material way, any law enforcement officer may then arrest you, or the judge will issue a warrant for your arrest.

The terms of your probation may require you to do the following:

  • Report to probation and parole supervisors as directed;
  • Permit the probation/parole supervisors to visit your home for observation;
  • Find and work at suitable employment;
  • Remain within a specified county, city, or state;
  • Pay restitution;
  • Support any legal dependents;
  • Pay any fees;
  • Submit to random drug or alcohol testing; or,
  • Perform public service or community service.

You may also be required to refrain or be prohibited from doing the following:

  • Violating any other laws while on probation
  • Associating with any other persons involved with criminal activities
  • Carrying a firearm or weapon
  • Visiting a place where alcohol or controlled substances are sold

Failure to follow any of the items listed can be a probation violation, and can lead to severe consequences.

After your arrest for a probation violation, you will be permitted a hearing. However, the warrant for your arrest will typically state no bond is permitted, so you may be held for weeks or even months in jail until your hearing is set.

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Probation Hearing Proceedings

Once your hearing is set for a probation violation, a sentencing judge will hear your case and determine if you did, in fact, violate any of the terms or conditions. You are not entitled to a jury in a probation violation hearing. Not only can probation violation allegations from witnesses be used against you, but you can be forced to testify against yourself.

In a probation hearing, the prosecuting attorney only needs to prove a violation occurred by preponderance of the evidence, which means it was more likely you violated probation than you did not. The typical evidentiary standard in criminal cases is “beyond a reasonable doubt,” but this standard goes out the window in exchange for a much more lenient standard. Usually, it is much easier for prosecutors to win a violation of probation hearing than it is to win a new criminal case.

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Community Control in Florida

Florida Statutes § 948.001 defines community control as supervised custody in the community, home or another place with specific rules and requirements. Community control includes weekend and holiday surveillance by law enforcement officers, in addition to daily supervision.

Community control is different from probation, as it is stricter than probation and is available to those who commit certain crimes not eligible for probation. For example, those who commit serious felonies or felony offenders who have a criminal background may be eligible for community control. Community control requirement violations can still incur the same (or worse) penalties and repercussions as probation.

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Defenses to a Violation of Probation

There are ways to reduce the severity of your probation violation, as the judge will look at several factors in determining punishment for violating probation. For example, the judge will look at whether you are a first-time probation offender, if you made reasonable efforts to comply with the terms of your probation, and whether you intentionally violated the terms of your probation. If you have been accused of violating probation or community control, it is imperative to contact an experienced criminal defense lawyer as soon as possible.

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Resources for Florida Violations of Probation

  • Leon County Probation Division
    The Leon County Probation program is dedicated to improving the quality of life of Leon County residents by making them productive and responsible citizens. The office is located at:

    Leon County Probation Division
    301 S. Monroe St.
    Tallahassee, Florida 32301
    Phone: (850) 606-5600

  • Florida Statutes Online
    This website contains all of the Florida Statutes governing Florida’s rules for probation, community control and violations of probation and community control.

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Pumphrey Law | Tallahassee Probation Violation Lawyer

If you have been accused of violating the terms of your probation in Tallahassee, Florida in Leon County or any of the surrounding counties of North Florida, including Gadsden County, Wakulla County, Jefferson County, or Liberty County, don’t hesitate to contact Pumphrey Law at (850) 681-7777.

The initial, free legal consultation about your alleged violation of probation is free and is an important first step towards protecting your future. It is important to hire an experienced criminal defense attorney in Leon County to achieve the most desirable outcome in your case and to help you avoid harsh repercussions.

Article last updated March 11, 2021

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