Probation offers individuals an opportunity to avoid jail time while serving their sentence under specific conditions set by the court. However, failing to meet these conditions can result in a violation of probation (VOP), which can carry serious legal consequences. In the state of Florida, a violation of probation case can fall into two categories: substantive violations and technical violations. Understanding these distinctions is critical if you or a loved one is facing a probation violation charge.

At The Law Office of Colleen Glenn, P.A., we’re here to help you navigate the complexities of Florida’s probation system. Below, we’ll explain what constitutes a violation of probation, the difference between substantive and technical violations, and how our legal team can help.

 

What is a Violation of Probation?

A violation of probation occurs when an individual fails to comply with the terms and conditions of their probation. In Florida, probation terms can include:

• Reporting regularly to a probation officer.
• Abstaining from drugs and alcohol.
• Attending court-ordered counseling or rehabilitation programs.
• Avoiding new criminal charges.
• Paying fines, restitution, or court fees.
• Completing community service hours.

When a probation officer believes a person has violated the terms of probation, the officer files a legal document with the court called an affidavit of violation, which may lead to an arrest warrant. Probation violation hearings are not the same as a criminal trial, and the burden of proof is lower. The court only needs to find a violation by a “preponderance of the evidence” rather than beyond a reasonable doubt. The preponderance of the evidence is a legal standard that means proving something is more likely true than not.

Substantive Violations of Probation

A substantive violation occurs when an individual on probation commits a new criminal offense. This type of violation is considered more severe because it involves additional unlawful behavior.

Examples of Substantive Violations:

• Getting arrested for theft, assault, or another crime.
• Driving under the influence (DUI).
• Possession of illegal drugs.

When a substantive violation occurs, the probation officer will report the new offense to the court. If the court determines that the individual did indeed commit a new crime, probation will likely be revoked, and the individual may face penalties for both the probation violation and the new criminal charge.

Potential Consequences:

• Revocation of probation and imposing the suspended sentence from the original case.
• Additional penalties for the criminal offense related to the new arrest.
• Enhanced sentences if the court sees this VOP as part of a pattern in your criminal history.

Technical Violations of Probation

A technical violation occurs when an individual fails to comply with the conditions of probation without committing a new criminal offense. Although less severe than substantive violations, technical violations can still lead to significant consequences.

Examples of Technical Violations:

• Missing a scheduled meeting with a parole officer.
• Failing a drug test.
• Not completing required community service hours on time.
• Traveling out of the state of Florida without permission.
• Falling behind on your financial obligation (e.g., court-ordered payments, fines, or restitution).

Unlike substantive violations, technical violations do not involve new criminal activity, but they are still taken seriously by the court. Depending on the circumstances, the judge may impose additional conditions, extend the probation period, or revoke probation altogether.

Potential Consequences:

• Modifications to probation terms, such as stricter supervision.
• Additional penalties, such as mandatory counseling or community service.
• Revocation of probation in more serious cases or repeated violations.

How The Law Office of Colleen Glenn P.A. Can Help

If you’re accused of a probation violation in Florida, having experienced legal representation is essential to protect your rights and minimize potential consequences. The criminal defense lawyers at The Law Office of Colleen Glenn, P.A. specialize in defending clients facing both substantive and technical probation violations.

1. Case Evaluation and Strategy Development

We’ll review the circumstances surrounding your alleged violation and the conditions of your probation. This allows us to craft a defense strategy tailored to your unique situation.

2. Challenging the Evidence

In probation violation hearings, the standard of proof is lower than in criminal trials. However, our team will meticulously examine the evidence to identify weaknesses, inconsistencies, or procedural errors that could work in your favor.

3. Negotiating with Prosecutors

For technical violations, we may be able to negotiate alternative resolutions, such as modifying probation terms instead of revoking probation. For substantive violations, we’ll work to minimize penalties and advocate for fair treatment.

4. Representing You in Court

We’ll stand by your side at your VOP hearing, presenting evidence and arguments to help you achieve the best possible outcome.

Steps to Take If You’re Accused of a Probation Violation

1. Contact Our Office Immediately Probation violations can lead to swift legal action, including arrest. Reach out to our team as soon as possible.
2. Do Not Admit Fault Without Legal Counsel Even if you believe the violation is minor, admitting fault without understanding the legal implications can harm your case.
3. Gather Supporting Evidence If your violation was unintentional or involved mitigating circumstances, collect any evidence that supports your case, such as documentation or witness statements.
4. Comply with Probation Terms Continue to meet all other probation requirements to demonstrate your willingness to comply with the law.

Violations of probation in Florida, whether substantive or technical, can have serious consequences for your future. If you’re facing a probation violation, don’t wait to seek legal assistance. The Law Office of Colleen Glenn, P.A., has the knowledge and experience to protect your rights and help you navigate the legal process.

Contact us today for a consultation, and let us fight for your freedom and peace of mind. With our support, you can take the first step toward resolving your case and moving forward with your life.