A probation violation is not a new trial. It is a hearing where the standard is lower, the judge decides without a jury, and the consequences can include the full sentence you were spared at the start.
What is the difference between a technical violation and a new law violation?
A technical violation means something like missing a payment, a report date or a curfew, a failed drug test, or not finishing a class. A substantive violation means a new arrest or charge. New-law violations are treated more seriously, and there may be a separate criminal case running at the same time.
What happens after a probation violation warrant or arrest?
An officer can arrest you for a violation, or a judge can issue a warrant. Whether you can be released before the hearing is up to the judge, and some people are held without bond. For certain violent felony offenders, the law does not allow bond at all. If there is a warrant out for you, the best time to deal with it is before you are stopped on the road.
What happens at a probation violation hearing?
You have the right to be heard, with a lawyer. The State does not have to prove the violation beyond a reasonable doubt. It has to show the violation was willful and substantial. Not being able to pay is different from refusing to pay, and that distinction matters. The court may revoke your probation, modify it, or continue it. If it revokes, the judge can sentence you up to the statutory maximum for the original offense.
What do I do in a probation violation case?
I look at exactly what you are accused of, whether it was willful, and whether there is a way to fix it before the hearing, through paying down money owed, finishing the program, or getting treatment started. I will tell you if I think a hearing is a risk.
If you have been served with a violation or arrested in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
Should I talk to the police or the prosecutor before I call you?
No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.
What should I bring to the consultation?
Bring whatever paperwork you have: your order of probation, any warrant or arrest paperwork, bond papers, and notices of hearing. If you don’t have them yet, call anyway and we will sort out what is missing.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 948.06; 948.03 (conditions of probation).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: All practice areas, Driving While License Suspended in Florida, Domestic Violence Battery Charges in Florida, Drug Trafficking Charges in Florida.