If you’ve been accused of violating probation, you’re probably feeling stressed, frustrated, or even scared. You may not understand what went wrong — or you may be dealing with personal challenges that made it difficult to follow every condition. Whatever the situation, you’re not alone, and it’s important to know what’s at stake and how to protect yourself moving forward. Below, our Tampa, FL aggravated assault defense lawyer who has been rated by Super Lawyers will explain what counts as a probation violation in Florida, what to expect from the legal process, and how a defense attorney can help you work toward a better outcome.
What Is Probation?
Probation is often offered as an alternative to jail or prison in Florida. It allows you to serve your sentence while staying in the community, but it comes with strict rules that must be followed closely. There are also various types of probation that you may come across.
Some common probation conditions include:
- Checking in regularly with a probation officer
- Submitting to drug or alcohol testing
- Attending court-ordered programs or counseling
- Avoiding any new arrests or criminal charges
- Paying restitution, fines, or court costs
- Staying within a specific area or observing a curfew
Even with the best intentions, life can get in the way — especially when dealing with work, family obligations, health issues, or transportation problems.
What Counts As A Violation?
Probation violations are generally divided into two categories:
1. Technical Violations
These happen when you don’t follow one or more of the specific conditions of your probation. For example:
- Missing a probation appointment
- Failing to pay fines or fees
- Missing a required class or drug test
- Traveling without permission
2. Substantive Violations
These occur if you’re arrested for or accused of committing a new crime while on probation — even if it’s unrelated to your original case.
No matter the type of violation, remember, a probation officer can check your social media to see if you are adhering to your probation terms.
What Happens Next?
If a probation officer believes you’ve violated your terms, they can submit an affidavit to the court. This may lead to:
- A warrant being issued for your arrest
- A hearing being scheduled in front of a judge
- The possibility of being held in jail without bond
At your Violation of Probation (VOP) hearing, the judge — not a jury — will decide whether a violation occurred. The standard of proof is lower than in a normal criminal trial, which makes it easier for the state to prove its case.
What Are The Possible Outcomes?
If the court finds that you violated probation, the judge can:
- Reinstate your probation with the same or new conditions
- Extend the length of your probation
- Order additional treatment or supervision
- Revoke your probation and impose jail or prison time
It’s important to understand that judges do have discretion, and the outcome can depend heavily on the facts of your case and how they are presented.
You’re Not Alone — Legal Help Can Make A Difference
A probation violation doesn’t have to mean going back to jail. Many people facing violations are dealing with real-life obstacles — not malicious intent. A skilled criminal defense attorney can help the court understand your situation, challenge unfair accusations, and work to keep you in the community.
At Stechschulte Nell, we’ve helped clients across Florida navigate probation violations with compassion and experience as demonstrated by our 10.0 Avvo rating. We’ll stand by your side, explain your options clearly, and fight for a fair outcome. If you’ve been accused of violating probation, don’t wait. The sooner you get help, the more options you may have.
