Violation of Probation

Probation is a court-ordered sanction that provides a person with the opportunity to avoid imprisonment and serve out their sentence in their community; however, they must abide by the court-approved conditions of the probation. As the terms of probation greatly vary and are determined on a case-by-case basis, an individual under probation is typically required to report to a probation officer, seek counseling, perform community service tasks, or take mandatory drug tests.

If an individual is in violation of the conditions of their probation, this can result in serious penalties including significant fines, an extension of their probationary period, or even imprisonment. If you have been accused of a violation of probation, your case requires the attention of an experienced criminal defense lawyer in Tampa.

Most Common Violations of Probation

There are several common ways that an individual can violate their agreement including:

• New Charge: if the person is charged with a new crime, the probation may be revoked for this violation of the law.
• Drug Violations: if they fail a drug test, are in possession of drugs, caught distributing drugs, or failed to complete a drug treatment program, these are all violations.
• Refusing to Pay: if ordered by the court to pay court costs, fines, or restitution and the individual fails to comply, nonpayment is a violation.     
• Failure to Report: whether the person fails to report to their probation officer or does not appear for a court appearance, these violations can result in a revoked probation.
• Traveling Violations: if the person travels outside of the state without permission or willfully violates the terms of their probation, the probationary period may end.

What is the Penalty for a Violation of Probation?

There is no definitive rule for what happens after an individual is reported for violating their probation. A probation officer may issue a warning for less serious offenses; however, if the violation is significant and willful or if the individual has a history of violations, the probation officer will submit an Affidavit of Violation to the court and the accused will be ordered to appear for a probation violation hearing.      

During this hearing, a lawyer can present your case and the judge will determine whether or not your actions were in violation of the conditions of the probation. If the judge determines that the defendant was in fact in violation of the conditions of their probation, the following penalties could be imposed:

• The probation conditions may become more strict
• They may need to perform community service, attend rehabilitation, or take other corrective measures
• The probation may be revoked altogether
• They have to pay significant fines or restitution
• They may be required to briefly serve or serve the remainder of their probation in jail
• The original sentencing may be imposed including the maximum penalty of the crime

Consult an Experienced Criminal Defense Attorney

If you are required to appear in court for an alleged probation violation, it’s important that you understand the severity of this offense and act accordingly by consulting with an experienced attorney that can navigate you through the legal system. At The Rickman Law Firm, we are intimately familiar with your legal rights and can offer you aggressive defense in a probation violation hearing.

For a free consultation with a criminal defense law firm in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.