As anyone who’s been on probation will tell you, while it definitely beats incarceration, probation and supervised release can still be challenging. Typically, the conditions of your probation include a lot more than just avoiding criminal activity, which has led to more than one person accidentally or unknowingly violating probation.
To help you be better prepared for success during your time on probation, we’ve put together some of the most common probation violation traps to watch out for and what you can do to avoid them.
Common Probation Violation Traps
Florida Statute 948.06(1)(c) divides probation violations in two. A new felony, misdemeanor or criminal traffic offense is a substantive violation. Anything else is a technical violation, and Florida Statute 948.06(9)(b) lists the technical ones the state treats as low risk. Those are the traps that catch people who are otherwise doing everything right. The most common ways a person violates probation in Florida are:
- Committing a new crime
- Failing a drug and/or alcohol test
- Leaving the county or state without permission
- Associating with felons
- Not completing court-ordered community service
- Failure to pay court-ordered fines or restitution
- Missed court dates or meetings with a probation officer
- Failure to maintain employment
However, in most cases, simply knowing the rules may not be enough. We’ve found that understanding the reasoning behind these rules helps our clients make better decisions and avoid probation violations.
Failing To Report To Probation Officer
Failing to report to the probation office is a low-risk technical violation under Florida Statute 948.06(9)(b)2., and missing a required class, treatment session, counseling session or meeting is one under 948.06(9)(b)4. Your reporting record is the document your officer and the judge look at first, so a missed appointment you never explained is the easiest violation for the state to prove.
If you cannot make an agreed appointment, call your probation officer before the appointment, not after. A rescheduled visit is a note in your file. A missed one is an affidavit of violation.
Associating With People Who Have A Criminal Record
Associating with a person engaged in criminal activity is listed as a low-risk technical violation at Florida Statute 948.06(9)(b)10., and it is one of the easiest conditions to break without meaning to. It is also a common reason for a violation of probation affidavit.
Probationers may have pre-existing relationships with friends or family members with a criminal record, making it difficult to avoid contact. You might also come into contact with individuals at social events such as parties, gatherings, or community events, which can lead to accidental associations and potential consequences.
It can be tempting to meet up with old friends or relatives, but if your acquaintances have criminal records, you should reevaluate who you spend your time with and cut any risky ties when possible to avoid consequences.
Possession Or Consumption Of Drugs And Alcohol
A positive drug or alcohol test is a low-risk technical violation under Florida Statute 948.06(9)(b)1., and failing to submit to the test is a separate one under 948.06(9)(b)5. Probation officers can test at random, without a warrant or advance warning, so a single slip is enough.
It's important to stay away from all substances, talk openly with your probation officer about problems, and participate in treatment programs as needed. Seeking help through support groups or rehabilitation centers is a great way to address addiction issues and minimize potential risks associated with substance abuse while on probation.
Failure To Complete Court-Ordered Programs
One of the most common violations is failure to participate in a court-ordered program, including drug and alcohol treatment, anger management, or community service. Unfortunately, life can get in the way, and completing these programs can be challenging.
Contacting your probation officer is important if you have difficulties or need additional resources, as they may be able to connect you with counseling services or adjust program requirements if needed. Remember that failure to participate in court-ordered programs can result in several consequences, such as extending probation, increased fines, or restitution payments.
Failure To Pay Fines And Restitution
Missing a monthly quota on restitution, court costs or community service hours is a low-risk technical violation under Florida Statute 948.06(9)(b)7., so a payment you skipped because money was short still reads as a violation of a condition of your supervision. Forgetting and not affording it produce the same affidavit.
Inability to pay is a defense, but you have to prove it. Under Florida Statute 948.06(5), once the state establishes that you did not pay, the burden shifts to you to show by clear and convincing evidence that you do not have the present resources despite genuine efforts to get them. If you make that showing, the court must consider punishments other than imprisonment first. Tell your attorney and your probation officer as soon as your income or health changes, so the record supports you later.
Possible Consequences Of Probation Violations
Probation violations can have different consequences depending on the severity of the violation, the individual's criminal history, and the specific probation conditions. It's important to be aware of the possible consequences to understand the importance of adhering to the terms of your probation.
Warnings And Increased Supervision
Every judicial circuit in Florida runs an alternative sanctioning program under Florida Statute 948.06(9). For a first or second low-risk violation, your probation officer can offer a sanction instead of filing an affidavit with the court: up to 5 days in the county jail, up to 50 extra community service hours, counseling or treatment, support group attendance, drug testing, or loss of travel and other privileges. A new criminal traffic violation is not eligible, because Florida Statute 948.06(9)(d)2. excludes any violation that is itself a felony, misdemeanor or criminal traffic offense.
A third low-risk violation in the same term of supervision, or any of those violations committed by someone on community control, is a moderate-risk violation under Florida Statute 948.06(9)(c). The sanctions there are heavier: up to 21 days in county jail, or curfew, house arrest, electronic monitoring or residential treatment for up to 90 days. Participation is voluntary under 948.06(9)(g), and accepting a sanction cannot convert a withheld adjudication into an adjudication of guilt.
Modification Of Probation Terms
Your probation terms may be modified to impose additional conditions, such as participation in counseling, community service, or substance abuse treatment programs. Depending on the offense, the court may also decide to extend the length of your probation.
These changes may be made based on the recommendations of your probation officer or if the court deems them necessary for your rehabilitation and public safety. It’s important that you maintain open communication with your probation officer and comply with all conditions to avoid further punishment or possible probation revocation.
Revocation Of Privileges
Certain privileges may be temporarily or permanently revoked due to your probation violation. These may include:
- The probationer may lose the right to travel out of state without prior permission from their probation officer or the court.
- Sometimes, the probationer's driver's license may be suspended or revoked.
- A curfew may be imposed, restricting the probationer's movement during certain hours of the day. Curfew for up to 90 days is one of the moderate-risk sanctions listed at Florida Statute 948.06(9)(f)2.
- The court may add conditions rather than take privileges away, including steady employment, school attendance, or a treatment program.
Imposing Jail or Prison Sentence
If the court revokes probation, Florida Statute 948.06(2)(b) lets the judge impose any sentence that could have been imposed on the original charge, up to the statutory maximum. That is why a violation on a case that never carried a prison sentence can still end in one. Florida Statute 948.06(2)(f)1. points the other way in a narrow set of cases: if you are on probation rather than community control, you are not a violent felony offender of special concern, the violation is a low-risk technical violation, and the court has not previously found you in violation during this term, the court must modify or continue probation. Any county jail term added as a special condition is then capped at 90 days under 948.06(2)(f)2.
Take the violation seriously and call a criminal defense attorney before your hearing. Whether the conduct is treated as a technical violation or a substantive one under Florida Statute 948.06(1)(c) shapes everything that follows, including whether the alternative sanctioning program is available at all.
What To Do If You’ve Violated Your Probation
If you find yourself in a situation where you've violated your probation, you should take appropriate action to minimize potential consequences and get back on track. Here are a few steps you can take if you find yourself in this position:
- Make sure to stay calm and don’t make any rash decisions. While being worried or anxious is natural, staying calm will help you think clearly and make better decisions to handle the situation.
- Contact your attorney before anything else. Explain your situation and the specifics of your suspected violation so that your lawyer can give you the best next steps.
- After speaking to your lawyer, contact your probation officer. Make sure to follow your attorney’s instructions, but being honest and proactive with your probation officer can show that you're trying to rectify the situation.
- If you're summoned to a court date or violation hearing, show up on time. Make sure to dress appropriately and respect the court and all parties involved.
- Make every effort to comply with all other probation conditions and avoid further violations. This will show that you're determined to comply with your probation conditions despite the violation.
- Reach out to friends, family members, or support groups to help you cope and stay motivated to make positive changes in your life.
Hire An Experienced Criminal Defense Attorney Today
If you’re currently on probation and think you may have violated the terms, you should give us a call to discuss your options. Facing a probation violation can be daunting, but you don't have to do it alone.
Weinstein Legal Team represents clients throughout the state of Florida in all areas of criminal defense. Call us today at (888) 626-1108 or click here to schedule a free, confidential consultation with an attorney.
