What to Do if You Violate Probation or Community Control in Florida
Getting in trouble while on probation or community control can feel scary. But don’t panic! There are steps you can take to try to fix the situation. This article will walk you through what to expect and what you can do if you end up violating probation or community control in Florida.
Understanding Violations
First, let’s make sure we’re on the same page about what counts as a violation. Basically, any failure to follow the terms of your probation or community control can get you in trouble. Common violations include:
- Missing appointments with your probation officer
- Failing drug or alcohol tests
- Getting arrested for a new crime
- Leaving the county or state without permission
- Not following curfew or other restrictions
- Not completing required counseling, classes, community service, etc.
Even little things like missing a monthly report or failing to pay fines and fees count. Your probation officer has a lot of power to decide what crosses the line.
Types of Violations
Violations are not all treated equally. There are two main categories – technical violations and substantive violations:
Technical violations are small infractions like missing an appointment, failed drug test, late curfew, etc. They don’t involve committing new crimes.
Substantive violations are more serious – things like getting arrested for a new offense, leaving the state without permission, or repeatedly failing to meet terms even after warnings.
Substantive violations are a bigger deal. But even technical violations can add up and cause problems if they happen too much.
Consequences of Violating Probation
So what happens if you do slip up? Well, first your probation officer will file a violation report outlining how you broke the rules.You’ll then go before the court for a violation hearing. This is like a mini trial just on the alleged violation.If the judge decides you did violate, possible penalties include:
- Verbal or written warning
- Stricter probation terms – like more frequent meetings or drug testing
- Extension of probation period
- Some jail time – usually a few days up to a few months
- Full revocation of probation – meaning going to prison to serve original sentence
Jail time is more likely for substantive violations or repeat technical issues. But judges have a lot of discretion based on circumstances.
Defenses Against Violation Charges
The good news is you can raise defenses against alleged violations. Common strategies include:
- Denial – Argue you didn’t actually violate the terms. For example, if you tested positive for drugs, argue for a false positive or lab mistake.
- Lack of notice – Claim you didn’t get proper notice of probation terms, appointments, etc.
- Inability to comply – Explain external factors made it impossible to comply, like illness, job loss, family emergency, etc.
- Unreasonable restrictions – Argue the probation terms are too strict or unrealistic through no fault of your own.
- Procedural errors – Attack mistakes in how the violation was reported or your rights weren’t protected.
An experienced criminal defense lawyer can help craft the best defense to fight the allegations.
What to Do After a Violation
Let’s assume you do get hit with a violation. Don’t stick your head in the sand – taking action can help control the damage. Here are some tips:
- Contact your probation officer – Don’t wait for them to reach out. Explain what happened and see if you can agree on a plan to fix it. Being proactive can help.
- Talk to your lawyer – Your attorney may be able to negotiate with the probation department before it ever goes to court. Better to try this route first.
- Request a hearing – You have a right to contest the allegations at a court hearing. Your lawyer can advise if this is the best option.
- Comply going forward – Get back on track with all terms of probation moving ahead. Judges will look for good faith efforts to comply.
- Mitigate the damage – If possible, take steps to undo or lessen the severity of the violation. For example, enroll in counseling or complete community service hours.
- Accept responsibility – Be sincere and humble when explaining what happened. Don’t make excuses. Judges respond better to remorse and accountability.
- Prepare your defense – With your attorney, gather evidence and witnesses to fight the charges at the hearing. Your lawyer can also negotiate for lesser penalties.
- Request leniency – Judges have discretion on punishments. Your attorney can argue for leniency and present mitigating factors like your background, remorse, efforts to improve, etc.
- Appeal if necessary – If the court imposes an unfair or disproportionate sentence, your lawyer may be able to appeal and fight for a better outcome.
Getting Back on Track
It’s normal to feel ashamed, angry or depressed after a violation. But don’t lose hope! One mistake doesn’t need to derail your entire probation.Ask your probation officer and lawyer what steps you can take to prove you’re committed to success. Possibilities include:
- Asking for referral to counseling or rehab
- Volunteering for more frequent drug testing
- Doing extra community service hours
- Writing an apology letter to the court
- Enrolling in vocational or educational programs
- Finding a mentor in the community
- Attending support groups like AA/NA
The key is being proactive. Don’t wait for solutions to come to you. Identify resources and put together a plan. If you show the will to improve, often the court will recognize that and give you another chance.
Getting Legal Help
Dealing with probation violations is complicated. Having an experienced criminal defense attorney on your side can make a huge difference. They know how to effectively negotiate with probation staff, craft strong defenses, and advocate for your rights and future.If you’re facing violation allegations, don’t go it alone. Consult with a lawyer to protect your freedom and give yourself the best shot at continuing probation. Many attorneys offer free consultations, so take advantage to learn about your options.
With the right legal guidance and personal effort, probation violations don’t have to ruin your life. See them as a wake up call and opportunity to get back on the right path. You can recover and use this experience to create positive change.