A violation of probation in Florida can undo months or even years of progress in a single afternoon. One missed appointment, a failed drug test, or a new arrest can lead to a warrant and jail. From there, a judge may have the power to impose the maximum sentence for the original charge. Because the stakes are so high, anyone accused of violating probation should understand the process and act quickly.
At The Law Office of Jeffrey H. Garland, P.A., probation cases are a regular part of our criminal defense practice. We represent clients in Fort Pierce, Port St. Lucie, Vero Beach, and throughout the Treasure Coast. Attorney Jeffrey H. Garland has defended people in Florida state and federal courts since 1981. He has also held The Florida Bar’s board certification in Criminal Trial Law since 1989. This guide explains how the VOP process works, what prosecutors must prove, and which defenses have helped our clients protect their freedom.
What Counts as a Violation of Probation in Florida?
Probation is a court-ordered period of supervision that lets a person stay in the community instead of jail or prison. In exchange, the person must follow every condition the judge imposed at sentencing. The Florida Department of Corrections supervises most felony probationers, while many misdemeanor cases go to a county or private probation provider.
Section 948.06 of the Florida Statutes governs the violation process. It applies both to standard probation and to community control, which many people know as house arrest. In general, a violation of probation in Florida falls into one of two categories.
Technical Violations
A technical violation is a breach of a probation condition that does not involve a new crime. Common examples include:
- Missing a scheduled meeting with a probation officer
- Testing positive for drugs or alcohol, or refusing a test
- Violating a curfew or leaving the county without permission
- Falling behind on restitution, court costs, or supervision fees
- Skipping required classes, treatment, or community service hours
- Moving or changing jobs without telling probation
New Law Violations
A new law violation occurs when police arrest a person on probation for a new criminal offense. These allegations are usually more serious. A judge can find a violation even if prosecutors later drop the new charge, so the defense must address both cases at once. However, an arrest alone does not prove a violation. The State must still show that the person actually committed the new offense.
What Happens When You Violate Probation?
The process usually begins with the probation officer. When the officer believes a violation has occurred, he or she submits an affidavit of violation to the judge who imposed the sentence. The judge may then issue an arrest warrant. In some cases, the judge issues a notice to appear instead, which allows the person to come to court without an arrest. Florida law also lets police make a warrantless arrest when they have reasonable grounds to believe a violation of probation occurred.
Timing matters a great deal. Once the officer files the affidavit and the court issues a warrant or notice to appear, the probation clock stops until the court rules. A warrantless arrest has the same effect. Lawyers call this tolling. If the probation term ended before that process began, the court may no longer have the power to punish the alleged violation. Attorney Garland has won dismissals on exactly this ground, as the case results below show.
Most people see a judge within 24 hours of a VOP arrest, at a hearing called first appearance. At that hearing, the judge informs the person of the alleged violation. If the person denies it, the case moves toward a contested violation hearing.
Can You Get Bond on a Probation Violation Warrant?
Bond is often the first concern for families, and the answer depends on the case. Many judges issue VOP warrants with no bond, so the person may stay in jail until the hearing. Even so, the court has discretion to release a probationer with or without bail while the case is pending. In making that decision, the judge may consider whether the person is likely to receive a prison sentence.
Some people have no realistic chance of release. For a violation of probation, Florida law requires the court to hold violent felony offenders of special concern until it resolves the case. The only exception is an allegation of failure to pay. Certain sex offenders face a similar hurdle, because the judge must find that they pose no danger to the public before releasing them.
An experienced lawyer can often change the outcome at this early stage. Attorney Garland may file a motion to set a reasonable bond or, when the facts support it, a motion to recall the warrant altogether. In one St. Lucie County case, a county judge withdrew a VOP warrant within days of receiving his motion, and the client avoided arrest entirely.
How Does a Probation Violation Hearing Work?
Florida courts handle a violation of probation hearing very differently from a criminal trial. For one thing, there is no jury. Instead, the judge alone hears the evidence and decides whether a violation occurred.
The burden of proof is also lower. The State must prove the violation by the greater weight of the evidence, rather than beyond a reasonable doubt. In addition, the State must show that the violation was both willful and substantial. As a result, an honest mistake, a misunderstanding, or a circumstance outside the person’s control may not meet that standard.
Prosecutors may use hearsay at a VOP hearing. However, a judge cannot revoke probation based on hearsay alone. For that reason, the defense can often challenge an allegation that rests on secondhand information. One example is a probation officer’s summary of what someone else saw.
The probationer has the right to a lawyer, the right to present evidence and witnesses, and the right to challenge the State’s evidence. Many cases also resolve before the hearing through negotiation. In those cases, Attorney Garland works to secure the best available outcome, such as reinstatement or a modified term instead of jail.
What Penalties Can a Judge Impose?
If the judge finds a violation of probation, Florida law gives the court three basic options. It may continue probation on the same terms, modify probation by adding conditions or extending the term, or revoke probation entirely.
Revocation carries the greatest risk. In that event, the judge must adjudicate the person guilty and may impose any sentence that was available for the original offense. The maximum penalties under Florida law include:
- Second-degree misdemeanor: up to 60 days in county jail
- First-degree misdemeanor: up to one year in county jail
- Third-degree felony: up to five years in prison
- Second-degree felony: up to 15 years in prison
- First-degree felony: up to 30 years in prison
If the court withheld adjudication at the original sentencing, a revocation can therefore leave the person with a formal conviction. For felonies, the judge also uses a Criminal Punishment Code scoresheet. A violation adds points, which can raise the lowest permissible sentence.
On the other hand, Florida law offers some protection for minor violations. Consider a person on probation who commits a first low-risk technical violation and is not a violent felony offender of special concern. In that situation, the court generally must modify or continue probation rather than revoke it. Even then, the judge may add up to 90 days in county jail. In addition, each judicial circuit must offer an alternative sanctioning program. This program lets eligible probationers resolve certain technical violations with limited sanctions, such as extra community service, instead of a full hearing. Because participation requires admitting the violation, it is a decision to make with counsel.
Defenses to a Violation of Probation in Florida
Every VOP case turns on its own facts. Still, several defenses come up again and again in Attorney Garland’s practice.
The Violation Was Not Willful
The State must prove that the person broke a condition on purpose. Falling behind on payments after a job loss, missing an appointment during a medical emergency, or relying on incorrect instructions may not be willful. If the alleged violation of probation involves unpaid restitution or costs, Florida law puts the burden on the probationer. He or she must prove an inability to pay by clear and convincing evidence. Careful records can therefore make the difference.
The Evidence Falls Short
A single positive drug test, an unconfirmed lab result, or a secondhand report may not be enough. Mr. Garland holds a bachelor’s degree in chemistry from the University of Florida, and that background helps him examine drug testing evidence closely. For example, a test taken shortly after probation began may reflect drug use that occurred before the term started.
The Judge Never Imposed the Condition
A probation officer cannot add conditions that the judge did not order. The sentence the judge announces in court controls, and the court can correct written paperwork that conflicts with it. Attorney Garland has persuaded a judge to strike a curfew that a probation officer imposed without the court’s authority. He has also corrected sentencing paperwork that a probation officer read as tripling a client’s fines and community service hours.
The Court Lacks Jurisdiction
A court can only punish a violation if the process began before the probation term expired. If the term ended first, the court may lack jurisdiction entirely. Mr. Garland reviews each client’s sentencing dates and court records for this issue, because it can end a case outright.
Case Results From Our Probation Violation Practice
The following results come from probation cases handled by The Law Office of Jeffrey H. Garland, P.A. To protect client privacy, we do not use our clients’ names.
- A client on sex offender probation in St. Lucie County faced a VOP after his probation officer claimed he owed nearly $20,000 more than his original obligation. Mr. Garland moved to dismiss because the client had paid everything required, and the court dismissed the violation. The client then finished probation without prison or an extension.
- In St. Lucie County, a client learned of a VOP warrant only after she had completed probation. The warrant rested on a single positive marijuana test taken 29 days after her sentence, with no baseline test. Mr. Garland filed a motion, and the judge withdrew the warrant within days.
- In a Martin County case, Mr. Garland showed that a client’s combined jail and probation term could not exceed the one-year maximum for his offense. Because the court’s jurisdiction had already lapsed, the judge dismissed the VOP.
- A client had already admitted a VOP and faced a request for five years in prison when she hired Mr. Garland. He showed that her probation had ended before any warrant issued. The State conceded, the court set aside her admission and dismissed the VOP, and prosecutors dropped her new charge as well.
Every case is different, and past results do not guarantee a similar outcome. Nevertheless, these cases show why any violation of probation allegation in Florida deserves a careful legal review before anyone admits to it.
What Should You Do If You Think You Violated Probation?
If you suspect a violation of probation in Florida, acting quickly can protect your options. Attorney Garland recommends the following steps:
- Keep reporting and complying with every condition, even after a mistake.
- Gather pay stubs, receipts, treatment records, and anything else that supports your side.
- Avoid making statements about the alleged violation until you have spoken with a lawyer.
- Call a criminal defense attorney before turning yourself in on a warrant.
- Never ignore a warrant, because hiding from it usually makes the outcome worse.
Giving up can be costly. Many people stop reporting once they fear a violation, which only gives the State more to prove. A lawyer can often arrange a voluntary surrender and ask the judge to set bond at the same time. In other cases, the lawyer can challenge the warrant before an arrest ever happens.
Why Choose The Law Office of Jeffrey H. Garland, P.A.?
As a Fort Pierce criminal lawyer with more than four decades of courtroom experience, Mr. Garland has defended violation of probation cases in Florida courts throughout his career. After earning his law degree from the University of Florida in 1980, he began defending criminal cases in 1981. Today, he appears regularly before the judges of the 19th Judicial Circuit, which covers St. Lucie, Indian River, Martin, and Okeechobee counties. His practice also reaches Palm Beach and Brevard counties, as well as the federal courts of the Southern and Middle Districts of Florida.
A client may also be able to appeal a VOP sentence. For that reason, the firm’s appeals and post-conviction relief practice adds another layer of protection. Mr. Garland handles criminal appeals in all of Florida’s District Courts of Appeal and in the Florida Supreme Court. He is also a member of the National Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers, and the St. Lucie County Bar Association.
Clients can meet with Mr. Garland at the firm’s offices in Fort Pierce, Port St. Lucie, and Vero Beach. The firm also defends people in Stuart and Okeechobee County, along with communities throughout the Treasure Coast.
Contact a Fort Pierce Probation Violation Lawyer Today
A probation violation allegation does not have to end in jail or prison. With prompt action and a strong defense, many people keep their probation, avoid a conviction, or see the violation dismissed.
If you or a loved one is facing a violation of probation in Florida, contact The Law Office of Jeffrey H. Garland, P.A. today. Call our office at (772) 489-2200 or contact us online to schedule a confidential consultation with Attorney Jeffrey H. Garland.