Legal Question in Criminal Law in Florida

Violation of Probation in Florida

Violation of Probation in Florida

When you are placed on probation or community control you are advised of the conditions of that supervision. Should you violate those conditions by intentionally and materially breaking the rules, you run the risk of having that probation or community control violated. A judge will be asked to sign a warrant for your arrest and you may be kept in the County Jail pending the results of the violation hearing without bond. A judge has the authority to set bond, but the judge is not required to set a bond. " You have the right to an attorney to represent you at the violation hearing."

Violation of probation proceedings are much different than a new law offense:

* There is not a statute of limitations for a violation of probation ("VOP"), meaning that if you violate your probation you can not wait out the VOP charge.

* You do not have a right to a trial by jury on a violation hearing.

* The burden of proof is by preponderance of the evidence, rather than beyond a reasonable doubt.

* You can be called as a witness by the State at your own hearing.

As you can see it is much easier for the State to prove a violation. Nevertheless, there are defenses to accusations of violation of probation, and I have successfully defended hundreds of clients accused of violating their probation.