How to Protect Your Future: Frequent Probation Violations to Avoid
At the Law Offices of Dave Simmons, we understand how quickly a probation violation can derail your progress as you rebuild your life. As a probation violation attorney in Fort Lauderdale, Dave Simmons has helped numerous clients navigate these challenging situations and work toward the best possible outcome. Learn about common probation violations in Florida and what steps you should take if you're accused of violating your probation terms.
Common Probation Violations in Florida
Even one misstep during probation can have serious consequences for your future. According to Florida Department of Corrections data, over 40% of probationers face at least one violation of probation during their supervision period. Here are the five most common violations we see.
- Missing scheduled meetings. The most frequent probation violation is skipping meetings with your probation officer. Your probation officer monitors your progress and compliance with court-ordered conditions, so missing these meetings, even unintentionally, can trigger a violation.
- Failed drug tests. Random drug testing is standard for most probation terms, even if you're not on probation for a drug-related offense. This includes testing positive for alcohol if you're prohibited from drinking.
- New criminal charges. Any new arrest while on probation is a violation. According to state court statistics, nearly 28% of probation violations in Florida involve new criminal charges.
- Leaving the county without permission. Travel restrictions are common during probation. You must obtain approval before leaving your assigned county or state, and unauthorized travel can lead to immediate violation proceedings.
- Falling behind on financial obligations. You must pay court costs, restitution payments, and probation fees as scheduled. While courts take genuine financial hardship into consideration, simply ignoring these obligations can result in a violation.
For more information on what constitutes a probation violation, refer to Florida Statute 948.06.
What Happens After a Probation Violation in Florida
Once a violation is reported, the court may issue a warrant for your arrest, and you could be held without bond until your violation hearing. Here are the primary consequences the court may consider:
- Modified probation terms. The judge might add stricter conditions to your existing probation, including more frequent drug testing, mandatory counseling sessions, additional community service hours, or increased reporting requirements.
- Extended supervision period. You may receive a lengthened probation period to ensure continued compliance. For example, if you had six months remaining on probation, the court could extend it to a full year or longer.
- Additional program requirements. The court might order participation in specific rehabilitation programs, anger management classes, substance abuse treatment, or other interventions related to your violation.
- Jail time. Even if your probation isn't revoked, the judge may require you to serve a short jail sentence as punishment while keeping you on probation. This "shock incarceration" typically ranges from a few days to several months.
- Full revocation. The most serious outcome is complete revocation of probation, meaning you'll serve the original suspended sentence in prison. For example, if you were facing five years in prison but received probation instead, a violation could result in you serving the full five-year term.
Unlike criminal trials, probation violation hearings don't require proof beyond a reasonable doubt. The prosecution only needs to show by a "preponderance of evidence" that you violated terms.
How a Fort Lauderdale Probation Violation Attorney Can Help
We know that probation violations can happen even when you don’t intend them. Quick action from a probation violation attorney can sometimes prevent a warrant from being issued or help you arrange for a bond hearing instead of detention until your court date.
We can help by gathering evidence of mitigating circumstances, documenting emergency situations that prevented compliance, and demonstrating your good faith efforts to meet probation requirements.
Don’t face the stress of probation violations alone. The team at the Law Offices of Dave L. Simmons is ready to support and defend you so you can continue rebuilding your life.