A probation violation in Florida can put your freedom at risk, even when the alleged violation does not involve a new crime. Missing an appointment, failing a drug test, falling behind on required obligations, or violating another condition may lead to an arrest warrant and a hearing before a judge. An Orlando probation violation lawyer can examine what allegedly happened, challenge the violation when appropriate, and help you avoid or limit incarceration.
Why Choose the Law Offices of Jose E. Lopez?
The Law Offices of Jose E. Lopez, P.A. represents people accused of violating probation in Orlando and throughout Orange County. We can help you understand what the court can do and begin preparing your defense before the violation determines the outcome of your case.
Our firm provides:
- Careful review of probation conditions and alleged violations
- Advocacy at violation of probation hearings
- Defense against technical and new-law violations
- Direct communication throughout your case
- Bilingual representation for Spanish-speaking clients
We focus on what caused the alleged violation, what the state can prove, and what options may be available to protect your freedom. Contact us today for a free and confidential consultation.
What Is a Probation Violation in Florida?
Probation allows a person to remain in the community under court-ordered conditions instead of serving some or all of a jail or prison sentence. Violating a material condition of probation can result in a violation of probation, commonly called a VOP.
Florida courts generally distinguish between technical violations and substantive or new-law violations.
Technical Probation Violations
A technical violation involves an alleged failure to comply with a condition of probation rather than committing a new crime. Examples include:
- Missing a probation appointment
- Failing a drug test
- Leaving an approved area without permission
- Failing to complete required treatment or community service
A technical violation can still have serious consequences. However, the circumstances surrounding the violation matter, including whether the conduct was willful and substantial.
New-Law or Substantive Violations
A substantive violation generally occurs when someone on probation is accused of committing a new criminal offense. The new charge and probation violation can proceed separately. That means a person may face both prosecution for the new offense and consequences in the original case for allegedly violating probation.
What Happens After an Alleged Probation Violation in Orlando?
A probation officer may submit an affidavit alleging that you violated one or more conditions. A judge can then issue a warrant or take other action based on the alleged violation.
Unlike many new criminal charges, someone arrested on a probation violation may not automatically be entitled to release on bond while the case is pending. This makes it particularly important to address a suspected violation quickly.
Probation violation cases in Orlando are generally handled through the Orange County court system. After an alleged violation, the court will determine whether the state has established that a violation occurred and, if so, what consequences should follow.
What Are the Penalties for Violating Probation in Florida?
If the judge finds that you violated probation, the court has several options. Depending on the original offense and circumstances, the judge may:
- Reinstate probation under the existing conditions
- Modify or add probation conditions
- Extend probation when legally permitted
- Revoke probation and impose another sentence
The potential consequences are tied in part to the original criminal case. If probation is revoked, the court may generally impose a sentence that could have been imposed for the underlying offense, subject to applicable sentencing rules.
That makes even an apparently minor probation violation worth taking seriously.
Defenses Against Probation Violations
Being accused of violating probation does not mean the judge will automatically find that a violation occurred.
Possible defenses depend on the allegation. The evidence may show that you did not violate the condition, that you were not responsible for the alleged conduct, or that the violation was not willful and substantial.
For example, inability to comply with a particular condition may be relevant when circumstances genuinely prevented compliance. A new-law violation may also be challenged by attacking the evidence underlying the new criminal allegation.
Contact Our Orlando Probation Violation Lawyer Today
A probation violation case determines whether you remain in the community or return to jail or prison. A skilled defense attorney can review the probation order, examine the alleged violation, challenge the state’s evidence, present circumstances explaining noncompliance, and advocate for reinstatement or another favorable resolution when appropriate.
At the Law Offices of Jose E. Lopez, we represent clients facing probation violations throughout Orlando and Orange County. Contact us today to discuss what can be done before your next court appearance.
Orlando Probation Violation FAQs
Can you go to jail for violating probation in Florida?
Yes. A judge may revoke probation and impose incarceration when a violation is proven. The possible sentence depends substantially on the underlying offense and other applicable sentencing rules.
What is a technical violation of probation?
A technical violation involves breaking a probation condition without allegedly committing a new crime. Examples include missing required appointments, failing drug testing, or failing to complete required programs.
What happens if you are arrested while on probation?
A new arrest may lead to both a new criminal case and an alleged probation violation. The cases can proceed separately, and the probation court applies different rules and standards than a criminal trial.
Can probation be reinstated after a violation?
Yes. Depending on the violation, underlying offense, probation history, and other circumstances, a judge may reinstate probation rather than revoke it and impose incarceration.