Types of Violations of Probation

In Florida, probation violations can take various forms, and they are generally categorized based on the nature of the alleged non-compliance with the conditions set by the court.

Violations are either technical or substantive.

Technical violations:  Most violations are technical, meaning there was a failure to comply with the terms of probation.  Some common technical violations in Florida are:

• Failure to Report: Probationers are often required to report regularly to their probation officer. A failure to appear for scheduled meetings without proper notification may be considered a violation.

  
  

• Failure to Pay Fines or Restitution: If a probationer is required to pay fines, court costs, or restitution as part of their probation conditions, failure to make the required payments may be considered a violation.

  
  

• Positive Drug or Alcohol Test or Failure to Submit to Drug or Alcohol Test: Probationers may be subject to random drug or alcohol testing. A positive test result for prohibited substances can lead to a probation violation, as can failure to submit to testing.

  
  

• Failure to Complete Required Programs:  Some probation conditions may include the completion of specific programs, such as counseling, community service, or educational courses. Failing to complete these requirements may result in a violation.

  
  

• Failure to Comply with Curfew: Some probationers may be subject to curfew restrictions. Violating curfew conditions without proper authorization can lead to a violation.

  
  

• Contact with Prohibited Individuals: Probationers may be prohibited from associating with certain individuals, especially those with criminal records. Violating these restrictions may result in a probation violation.

  
  

• Failure to Maintain Employment or Attend School: Some probation conditions may require probationers to maintain employment or attend school. Failure to do so without a valid reason may be considered a violation. If there is an allegation that you have violated this condition of probation, you may be able to defend the violation by providing proof that you have attempted to find employment or a valid reason that you were absent from school.

  
  

• Failure to Complete Community Service:  If community service is a condition of probation, failure to complete the required hours within the specified timeframe can lead to a violation. The judge may impose, as part of your sentence, that you complete a designated amount of community service hours per month and have them all completed by a certain date.  If you have failed to comply with the terms laid out by the court regarding community service, you may be able to have your probation modified to allow you more time to complete these conditions. This would require a court date and an explanation to the judge of the circumstances surrounding your failure to comply.

  
  

• Failure to Notify Change of Address: Probationers are often required to notify their probation officer of any change of address. Failure to do so may be considered a violation.

  
  

• Violation of Special Conditions (e.g., Stay-Away Orders):  Violating any special conditions set by the court, such as stay-away orders or restraining orders, may result in a probation violation.  These orders may apply to types of businesses, specific businesses or locations, or types of people or specific people.

  
  

The other type of violation is a Substantive Violation or “New Law Offense”.  This occurs when you are arrested for a new criminal offense. Committing a new criminal offense while on probation is a significant violation. The nature and severity of the new charges can impact the consequences for the probationer.  Importantly, you do not need to be convicted of the new offense in order to have violated your probation.  Even if you are acquitted, the state can still “prove up” the new law violation by a preponderance of evidence.

It's important to note that each probation case is unique, and the specific conditions can vary based on the nature of the offense and the court's decision. If a probation violation is alleged, the probationer has the right to defend against the accusations during a court hearing. 

If you are facing a violation of probation allegation, contact Howeller Law P.L.L.C. today. Consultations are always free.