violations of probation explained

 

Probation Violation/Violation of Probation (VOP)


If you are accused of violating your probation (VOP) in the state of Florida, know that you run the risk of having your probation revoked. A judge will sign a warrant for your arrest. Once you are brought into county jail, you may be kept there without bond. There is no statute of limitations for violating your probation.


A probation officer can accuse you of violating your probation in the following ways:

  1. You violated a "technical" condition of your probation. For example, you failed to show up for an appointment with your probation officer or did not pay fines that were part of the conditions of your probation.

  1. You are charged with committing another crime.
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When you violate your probation, you do not have a right to a trial before a jury, and the burden of proof of your violation is based on a preponderance of evidence. This means that the prosecutor must only prove that you more than likely violated your probation. You can also be called as a witness at your own hearing.


If you are found guilty of violating your probation, more conditions may be added to your probation terms. Your probation period may be lengthened or revoked, and you may even face time in jail or prison.


There are several kinds of probation that are issued by the Florida Department of Corrections:

 

  1. Probation - requires the offender to obey certain conditions of probation and be in regular contact with probation and parole officers.

  1. Administrative Probation - places the offender on probation but does not require them to be in regular contact with a parole or probation officer.
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  3. Community Control - requires the offender to be under supervised custody. The offender's freedom is restricted to a certain type of residential setting and may include surveillance by officers.
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  5. Community Control II - 24 hours a day/ 7 days a week supervision by probation officers that may include spending a set amount of time in residential confinement. This may include 24/7 electronic surveillance.
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  7. Sex Offender Probation—offender must follow a treatment plan and be under strict supervision by a surveillance officer.
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  9. Community Control-Sex Offender—for an offender who committed a sex crime after September 30, 1997 that violated chapter 794 or s. 800.04, s. 827.071, or s. 847.0145. The offender must undergo strict supervision, treatment, and must submit blood samples to the Florida Department Of Law Enforcement.
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  11. Drug Offender Probation—offender under goes treatment, random drug testing, and strict supervision.

An experienced criminal defense attorney can inform you of your rights and represent you at your probation violation hearing.

 

If you are in need of an attorney with violations of probation experience, contact www.marybethcorn.com for a free consulation today.

 

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case

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