When an individual violates the law in Florida or in any state, he may be placed on probation in lieu of a receiving a prison term at the discretion of the sentencing judge. At sentencing, he will be given a written list of probation terms and conditions which he must follow closely. Should he fail to comply with these terms or commit a new crime, he may be arrested and sent to prison. Probation Terms The probation terms mandated by Florida legislation also allow for the courts and probation officer to add special conditions for the defendant depending on the nature of the crime she has committed. Some of these standard terms include paying court fees as directed, completion of community service or counseling as ordered, complying with substance-abuse testing, submitting to search and seizure, reporting to a probation officer as directed and obeying all laws. Defendants on community control supervision, a tightly regimented home arrest program, must adhere to not only the standard probation terms but to strict curfew regulations as well. Consequences of Violations Probation violators will be sentenced based on a continuum of progressively restrictive sanctions based on their needs, victim concerns and community safety issues. Enhanced sanctions include additional probation terms, longer probation supervision, a jail term in addition to probation, community control supervision, prison or some combination of the above. For instance, should a defendant violate probation by using drugs, he may be arrested and placed in jail until a bed space at an inpatient treatment facility becomes available, thus receiving both jail time and the enhanced sanction of residential treatment. Types of Violations In Florida, as in most states, there are two types of probation violations. Technical violations occur when the offender violates one of the "technical" probation terms, including failure to report, failure to pay court fees, failure to attend counseling or failure to complete community service hours. The commission of a new crime results not only in possible new charges for the new offense but probation violation charges as well. An offender may receive probation for one offense and prison for the other offense or he may receive probation for both or prison for both. The probation officer will make a recommendation to the court at sentencing, though a judge maintains discretion as to the final sentencing decision. If you believe that a warrant may have been issued for your arrest because you may have a violation of probation, contact experienced former prosecutor Maggie Gutierrez, your Key West and Monroe County, Florida attorney, to protect your rights. |
Violations of Probation |