The Rudman Law Group
Call For Free Consultation

UPDATE: To protect your safety during the coronavirus (COVID-19) crisis, we offer telephone and video conferencing, in place of face-to-face meetings. Please contact our office today to set up a remote consultation.

Understanding the consequences of probation violation

Probation is a form of community supervision granted to low risk offenders in lieu of incarceration with the main goal of rehabilitation. During the probationary period, the person must comply with any conditions ordered by the court. The length of the probationary period and the terms differ for each case and usually depend on the severity of the offense and any prior convictions. The state of Florida views probation as a privilege and not a right.

What is a violation?

A probation violation occurs when a person is seen as willfully and substantially violating the terms of their probationary sentence. Probationary violations should not be taken lightly as cases have a lower standard of proof. During probationary hearings hearsay is admissible as evidence. Also, probationary cases lack many of the constitutional protections and procedural norms associated with standard cases.

Common violations

Although difference circumstances can lead to a probation violation, the majority of violations stem from the following:

  • Law violations or new offenses: Although arrest alone is not a probation violation, the burden of proof is less and repeat convictions are common.
  • Drug use: The use of drugs is easily detected through blood or urine tests, which are often included in the probationary terms. Failure to complete court order treatment programs are also a violation.
  • Failing to pay financial obligations: You are responsible for paying court costs, restitution, fines, drug testing costs and any other related cost listed in the probation violation document.
  • Missed appointments or reports: Missing meetings with your probationary officer or not completing or submitting required monthly reports is another common violation.
  • Mental illness, ineptitude or negligence: Although these are not willful violations, they can be considered substantial nonetheless and lead to a revocation of probation.

Violation proceedings

If you are suspected of a probation violation, your probation officer will present the court with a sworn statement that he or she has reasonable grounds to believe you committed a violation. The statement will be reviewed by the court and if the court finds reasonable grounds an arrest warrant will be issued. Often bail will not be set and you must wait for your hearing in jail.

During the arraignment hearing the court prosecutor must prove willful and substantial violation. You can testify on your own behalf and the court can even order you to testify. Although the Fifth Amendment protects you from self incrimination, Florida appellate courts have consistently held that the acceptance of the probationary agreement waives self incrimination rights.

Probation violation can lead to additional incarceration time, increased fines or a longer probationary period. Probationary terms should not be taken lightly and violation of the terms is a serious offense which can lead to additional charges.

No Comments

Leave a comment
Comment Information

101 Plaza Real South, Suite 214
Boca Raton, FL 33432

Toll Free: 800-481-3829
Phone: 561-367-2542
Fax: 561-208-6083
Boca Raton Law Office Map

Call For Free Consultation

Download The Rudman Law Group App

The Rudman Law Group
In Case of Arrest Get it on Google Play
In Case of Emergency Download on the App Store
Get it on Google Play Download on the App Store
  • Panic Button

    Securely saving your information, and get legal help at the touch of a button. Whenever, wherever.

  • Submit Documents

    Easily submit documents to Rudman Law. No more fax machine or scanner needed. The app does all the work.

  • Share The App

    With the share feature, you can easily refer the Rudman Law Group to your friends.

Contact Our Palm Beach County Attorneys Now

For aggressive advocacy both in and out of the courtroom, call our firm at 561-367-2542 or 800-481-3829 toll free to schedule a free initial consultation. You may also contact us online. We accept all major credit cards.

Free initial consultations | All major credit cards accepted

Email Us For A Response Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy