Florida law defines a violation of probation as an instance that occurs when a defendant willfully and substantially fails to comply with the terms and conditions of his or her probationary sentence. Whether a violation was both willful and substantial in nature depends on the facts of each individual case and must be proven by the state by the “greater weight of the evidence.”
For example, if a term of probation is that you cannot have alcohol, but you are caught drinking, that is a willful and substantial failure to comply with the terms of your probation. However, failing to comply for reasons such as mental illness, physical illness, or unemployment (in the case of repaying restitution) does not constitute willful or substantial failure.
Some of the most common ways that probation is violated include:
- Testing positive for a controlled substance;
- Failing to complete a rehabilitation program;
- Getting arrested for new or unrelated crimes;
- Failing to meet certain legally required financial obligations; or
- Missing an appointment with a probation officer without a valid excuse.
Related: 4 Ways People Accidentally Violate Probation