Probation is a form of punishment that essentially allows people to have their freedom with certain guidelines and rules attached. While probation is certainly a better alternative than jail time, the courts expect you to be responsible during that particular time. Probation itself is a sort of test run to see if a person has learned the error of their ways and changed their behavior. It’s no surprise that violating such an opportunity can certainly lead to serious consequences.
Violation of probation occurs when a person breaks the rules that are clearly defined in the terms of release. In the State of Florida, probation guidelines can vary greatly based on the original crime and the punishment for the violation can vary just as much. It is important that people are aware of the seriousness associated with probation violation since it can certainly lead to some hefty consequences.
Common Probation Violations
There are a number of reasons that a person may be charged with violation of probation. However, the following are some of the most common reasons that a person finds themselves back in the courtroom:
- Positive for drug test
- Failure to complete addiction treatment
- New crimes
- Failure to pain fines
- Missed appointments
Remember, there is never a good excuse for violating your probation. If there are circumstances that arise that make it impossible for you to meet the requirements outlined in your paperwork, then reach out to your probation officer right away. Getting caught doing something that you know is wrong will not bode well for you in court.
What Happens Next?
When a person is accused of violating probation, there is a process that follows. The supervising officer will first make a determination of whether or not there are reasonable grounds to pursue the probation violation in court. Namely, the officer must determine that there was willful intent and substantial claims. Basically, will the charge hold up in court?
Once the officer makes that determination then they will file an affidavit with the court that outlines the claim of violation. From there, the court will review the findings and determine if the individual is, in fact, in violation. If the court finds that the accused is breaking the law, then a warrant will be put out for their arrest. Court proceedings will follow and the appropriate punishment will be handed down.
There are a number of outcomes that could potentially happen if a person violates probation. The maximum offense would be to punish the person to the fullest extent of the law for their original offense. However, there are lesser punishments that could be imposed by the courts. In the end, the outcome will vary case by case.
Florida Defense Attorney
If you are facing charges associated with probation violation, then you should seek help. Scott Skier is a defense attorney located in West Palm Beach, Florida. He has experience in a wide variety of criminal cases and he is there to help you. Contact him today for a free consultation.