As experienced criminal defense attorneys in Florida, we know how to effectively navigate the complexities of probation issues, including probation violations. Contact our law office to speak to a knowledgeable probation violation attorney about your situation.
Probation is undeniably better than jail, but it’s no walk in the park. Many Floridians struggle to keep up with the terms of their probation, especially when they fall on hard times. Unfortunately, Florida law offers little leniency when it comes to violations of probation, as probation is already the alternative to imprisonment.
If you are struggling to cope with the legal consequences of a probation violation, know that you don’t have to navigate your situation alone. The criminal defense lawyers at Sergio Cruz Criminal Defense are here to ensure your rights are upheld and that you have access to a top-tier legal defense.
This article will explain everything you need to know about probation violations in Florida, including the nature of this criminal offense, possible penalties, relief programs, and more.
Have You Violated Your Probation in Orlando, FL?
Probation is essentially an alternative to incarceration. Rather than serving jail time, an offender is allowed to remain in the community, but they must remain under supervision and adhere to specific rules. Violating any conditions of probation can lead to swift, harsh legal consequences.
If you have violated the terms of your probation in Orlando, Florida, don’t make the mistake of thinking there won’t be consequences. In the absence of a robust defense strategy, you could be looking at a range of harsh legal penalties and may even be sent to jail. You need to secure legal representation immediately to protect your legal rights and your freedom.
How an Orlando Probation Violation Attorney Can Help
An experienced Orlando probation violation lawyer serves several key functions. After reviewing the specifics of your case, they will formulate the most advantageous legal strategy to defend your actions and ensure you don’t incur harsh repercussions. They can even help you explore the alternative sanctioning program (ASP) and your eligibility for early termination. But you need to act fast! Contact Sergio Cruz Criminal Defense to get started on your case today.
How Does Florida Define Violation of Probation?
In the State of Florida, a violation of probation (VOP) occurs when an individual on probation fails to comply with the terms and conditions of their probation set by the court. A VOP could be an act or a failure to act that breaches their court-imposed conditions, which can vary widely depending on the nature of the original offense.
The laws governing an Orlando violation of probation are primarily outlined in Florida Statutes Chapter 948, including types of violations, terms, revocation, and more. Possible consequences of violations include a reinstatement of probation, extended probation, increased supervision, new requirements (such as stricter reporting requirements), and incarceration.
What Are the Technical Violations & Substantive Probation Violations?
In Florida, violations of probation (VOP) are categorized into two main categories: technical violations and substantive violations. When an offender commits a probation violation, their probation officer will file a VOP affidavit, detailing the incident. Understanding the types of violations is crucial for addressing your specific criminal charges.
Technical Violation
A technical violation occurs when an offender fails to comply with the non-criminal conditions of their probation. Examples of technical violations include a failure to report to a probation officer, failure to pay fines or restitution, failure to complete community service, failure to attend mandatory programs, curfew violations, and travel violations.
Substantive Probation Violations
A substantive violation, also known as a new law violation, occurs when a probationer commits a new criminal offense while on probation. Examples include being arrested for a new crime, testing positive for illegal substances, or associating with known criminals while on probation. These violations typically have more severe consequences than technical violations and may result in immediate arrest, revocation of probation, and imposition of the original suspended sentence.
What Are the Violation of Probation Penalties in Orlando?
The penalties for violating probation in Orlando can be severe and vary according to the nature of the violation, as well as the original offense. The specific penalties also depend on whether the offense represents a technical or substantive violation.
Here are a few of the potential penalties for technical violations:
- Modification of probation terms, adding stricter requirements or new conditions
- Extending the probation period beyond the original end date
- Additional community services requirements
- Increased oversight, including more frequent check-ins with probation officers
- Short-term jail term
Whereas technical violations are non-criminal in nature, substantive violations involve committing a new offense, and are typically punished more harshly.
Here are few possible penalties for substantive violations:
- Revocation of probation, resulting in the imposition of the original suspended sentence
- Imprisonment, where the offender spends the remainder of their sentence in jail
- New charges and penalties for the new criminal offense
Financial obligation violations can also result in extended probation and additional financial penalties. Given the serious consequences of probation violations, it is crucial for individuals facing VOP charges to seek legal representation to help mitigate the negative impacts.
What Is the Alternative Sanctioning Program?
The Alternative Sanctioning Program (ASP) in Florida is designed to help individuals who have committed technical violations to avoid incarceration, reducing the burden on the criminal justice system and providing probationers with the opportunity to correct their behavior.
Ultimately, the purpose of the ASP is to reduce recidivism, alleviate overcrowding in jails and prisons, and encourage compliance among probationers. However, not all probationers are eligible. The ASP is typically reserved for non-violent offenders who committed a technical violation but were not charged with a new criminal offense.
Although the specific components and requirements vary according to several factors, the ASP typically requires participants to enroll in a counseling or treatment program, whether it’s an anger management, mental health counseling, or drug and alcohol treatment program. Participants must also comply with increased supervision, such as more frequent check-ins with probation officers, and stricter curfews. Some offenders also complete additional community service or enroll in educational or vocational programs.
Am I Eligible for Early Termination?
If you have committed a probation violation in Florida, you are likely ineligible for early termination. Early termination of probation is typically reserved for offenders who have completed at least half of their probation period, maintained compliance with all terms, paid all fines and restitution, and incurred no new arrests or violations.
A few additional factors also affect eligibility for early termination, including the nature and severity of the original offense. The offender’s behavior while on probation is also an important consideration, including whether or not they participated in rehabilitation programs and made efforts of self improvement. A recommendation or positive report from a probation officer can significantly increase the likelihood of receiving early termination.
Sergio Cruz Criminal Defense: Top Probation Violation Lawyers in Central Florida
Whether you need help fighting the legal penalties for a probation violation or you want to explore your options for probation relief, a skilled legal professional from Sergio Cruz Criminal Defense can help you secure the best possible outcome. Contact our law firm to schedule an appointment with a trusted attorney today.
Contact UsContact us now
In need of a strong defense? Don’t face your charges alone. Get the legal support you need call today or email us. Your defense starts here.
