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Violating the Terms of Your Probation Can Land You on the Other Side of the Law Once Again
Based on the Florida Statute 948.001, probation serves as a court ordered form of community supervision of an offender in lieu of serving any or additional prison time. An individual is typically assigned a probation officer that ensures that they are upholding the terms of their probation.
Violating the terms of your probation can land you on the other side of the law once again. The term of your probation is determined by the courts and the specific conditions imposed are typically dependent on the individual circumstances of the case.
What Happens if You Violate Your Probation
If you violate the terms of your probation, you may be arrested anytime anywhere without any form of warrant for your arrest if there is a reasonable belief that you are in violation. If you commit a technical violation—which is a violation of supervision that is not a new offense—you can be ordered to attend a specific program instead of having an affidavit of violation filed with the court.
In other instances, a judge can issue a warrant for your arrest if they have a reasonable belief that you committed a new violation of the law. You are then subject to a hearing where certain decisions can and will be made involving your probation. A judge then must determine if you willfully violated the terms of your probation. A violation of probation terms can also lead to revocation, modification, or continuation of your probation.
Common Types of Probation Violation
Missed Probationary reporting can have adverse effects. If you are scheduled to meet with your probation officer or to check in at a certain location at a given time, it is mandatory that you do so. Failure to appear or even appearing late can result in a violation of your probationary terms. If for some reason it is an emergency, and you feel that you may be at risk of not appearing you should reach out or have someone reach out on your behalf to your officer immediately.
In some cases, steering clear from drugs serves as a condition of your probation. At any time, you can be subject to a drug test. Failure to pass that drug test can lead to a violation of your probation.
These can come in various forms. When you are on probation the expectations of you are much higher than normal. You are always expected to meet every term set forth for you. If you do not meet some of those expectations due to negligence you run the risk of violating your probation. For example, if you were scheduled to be at work for a set schedule for 5 days a week but you missed a day because you overslept, that serves as being negligent. This can lead to a violation of set parameters, consequently leading to a probation violation.
In some instances, a part of your probation can be to pay court ordered fines. If for some reason you do not pay your fines or are delinquent without proper communication or validation as to why then you can end up in violation of your probationary terms.