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Probation is a privilege which allows individuals to retain their freedom by serving as an alternative punishment to incarceration, as long as they meet strict conditions set forth by the court. Probation involves court-appointed supervision (probation officer), with stringent terms, for a given period of time. Complying with probation requirements is important in order to avoid serious penalties. If an individual violates the requirements of probation, the court can revoke probation and they could face jail time.
If an individual violates the terms of their probation, their probation officer has the authority to arrest them or submit an affidavit to the judge to issue a warrant for arrest. Once arrested, you will be held without bond until your case is heard before the judge.
If your probation officer has accused you of violating your probation, don’t hesitate to contact a probation violation attorney in Tampa, no matter how minor the infraction because a judge can give you the maximum sentence allowed under your original case. An attorney experienced in handling VOPs can request that your no-bond arrest warrant is withdrawn or request the court to release you on your own recognizance. An attorney can also seek a dismissal of the probation violation charge and seek a reinstatement of your probation to keep you out of jail.
There are several types of probation:
Standard Probation: Basic standards of probation whereby you report to a probation officer regularly.
Administrative Probation: Like standard probation, except you don’t typically meet with your probation officer.
Drug Offender Probation: Requires strict adherence to an abuse program, random drug tests, and monitoring by a probation or parole officer.
Sex Offender Probation: Requires adherence to a specific treatment program and supervision by a surveillance officer.
Community Control: House arrest with supervised custody in a specified setting. Restrictiveness is based on the type of community control program.
There are two types of VOP: technical violations and substantive violations.
A technical violation is a violation of a term or condition of the probation. There is no new offense or arrest, rather the individual fails to follow the rules of the probation by doing things such as failing to pay fines, submitting a dirty urine test, or leaving the state without permission.
A substantive violation occurs when the individual commits a new violation or has a new arrest while under supervision such as driving in violation of a driver license restriction while on probation for a DUI, for example.
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.