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Complying with the terms of your probation is incredibly important if you wish to avoid serious penalties, such as an extension or termination of your probation. In this article, we discuss what is considered a violation of probation and the possible consequences you could face. If your probation officer has accused you of violating your probation, it is time to contact a probation violation attorney in Tampa experienced in handling violations of probation and capable of challenging the alleged violation with an effective defense strategy.
Probation, under Chapter 775 of the 2019 Florida Statutes requires that, so long as you are on probation, you perform the following:
Any action which goes directly against the terms of your probation can be considered a violation of probation, even if it was an accident. This includes actions such as losing your job, missing an appointment with your probation officer, or failing to pay fines or restitution to the victim.
There are two types of probation violations you may encounter: technical violations and substantive violations. A technical violation occurs when you fail to meet the terms or conditions of your probation, such as failing to stay employed or leaving the state without permission. There is no new offense or arrest involved. A substantive violation, on the other hand, occurs when you commit a new criminal offense or have a new arrest while under supervision, such as failing a drug test or being accused of a DUI.
It’s important to remember that, when it comes to probation violations, the repercussions will depend not only on the type of violation that has occurred but on the context, your criminal history, and your attorney as well. If you are a first-time offender or fail to check in with your probation officer due to a serious accident, you will face different consequences than someone with a history of convictions that has re-offended or simply fails to comply with their probation conditions.
If you have violated the terms of your probation, your probation officer is required to report the violation. Following their report, you will be arrested and required to appear at a revocation hearing in court. At this hearing, you may have an attorney present. The court will determine if you have violated your probation and the judge will decide whether to revoke your probation or suspend it. The court may impose a number of penalties following your conviction, such as:
The court’s discretion will ultimately depend upon the nature of the violation, recommendations from your probation officer, recommendations from the prosecutors, and your criminal history. If you have been accused of violating your probation or are concerned that you may violate the terms of your probation, you should contact a probation violation attorney in Tampa who understands the processes involved in revocation hearings and has first-hand experience in court. They may be able to request a dismissal of the charge, a withdrawal of your no-bond arrest warrant, or a reinstatement of your probation.
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.