Violation of probation in Florida: technical vs. new law violations
Florida law sorts probation violations into two groups. A new law violation means you were arrested or charged with a new crime while on probation. A technical violation, as section 948.06 defines it, is anything that isn't a new felony or misdemeanor: a missed appointment with your probation officer, a positive drug test, unpaid costs, an unfinished class, a curfew violation or moving without permission.
Either way, the process usually starts with your probation officer filing an affidavit of violation. The judge then issues a warrant, or in some lower-level cases a notice to appear. The violation goes before the judge assigned to your case, and if you picked up a new charge, you'll be dealing with that case at the same time. The State doesn't have to wait for a conviction on the new charge before it moves forward on the violation.
Technical violations and the alternative sanctions program
Every Florida circuit, including the Sixth Circuit in Pinellas, has to run an alternative sanctioning program for certain technical violations. A first or second low-risk violation, such as a positive drug or alcohol test or a curfew violation, can be handled with sanctions like up to 5 days in the county jail, up to 50 extra community service hours, a curfew or drug testing, with no formal violation hearing. A first moderate-risk violation can bring up to 21 days in jail. Taking part is voluntary, and if you decline, the affidavit gets filed and the case goes forward in circuit court.
There's another protection for some probationers. If you're on probation (as opposed to community control), you aren't classified as a violent felony offender of special concern, and this is the first time a court has found you in violation during this term, a low-risk technical violation can't be used to revoke you. The court has to continue or modify your probation, though it can add up to 90 days in county jail as a condition.
Is there bond on a violation of probation in Florida?
There's no automatic right to bond on a VOP. Many violation warrants come with no bond set, and you sit in jail until the judge hears the case. Under section 948.06, the judge at your first appearance may hold you or release you, with or without bail. In deciding, the court can consider whether you are more likely than not to receive a prison sanction.
The rules are stricter for some people. If you're on felony supervision for certain sex offenses, are a registered sex offender or predator, or are classified as a violent felony offender of special concern, the law generally keeps you in custody until the violation is heard, and release requires a finding that you are not a danger to the public. For everyone else, we file a motion asking the judge to set a bond or release you back to supervision while the violation is pending. See our page on warrants and bond hearings for how a planned surrender works.
What happens at a VOP hearing in Pinellas County
A VOP hearing is a trial in front of a judge with no jury. The State only has to prove the violation by a preponderance of the evidence, which means more likely than not. It also has to show the violation was willful and substantial. Missing one appointment because you were in the hospital is different from ignoring your officer for three months, and that difference is often where we win or lose the argument.
Hearsay is allowed at these hearings, but under Florida case law a violation can't be proven with hearsay alone. If the only evidence of a new offense is a police report, or the only proof of a failed drug test is your probation officer reading from a lab sheet, we object. Many VOP cases are resolved by negotiation before a hearing, and the strength of the State's proof drives that negotiation.
Probation violation penalties in Florida
If the judge revokes your probation, the court can impose any sentence it could have imposed on the original charge. For a third-degree felony that means up to 5 years in prison, even if you were placed on probation in a plea deal years ago. If you had a withhold of adjudication, a revocation usually turns it into a conviction, which can cost you the chance to seal your record later.
Felony VOP sentencing runs through a Criminal Punishment Code scoresheet. Each violation adds 6 points, or 12 if the violation includes a new felony conviction. When the total is 44 points or fewer, the lowest permissible sentence is a non-prison sanction, so a few points can decide whether prison is on the table. You get credit for jail time served, but no credit for the time you spent on probation.
Reinstatement, modification and early termination of probation
Revocation is not the only outcome. The judge can reinstate your probation as it was, or modify it by adding conditions such as treatment, community service, a short jail term or a longer term of supervision. Some cases end with probation terminated, especially when the violation is about money and the rest of the conditions are done.
Avoiding a violation finding also protects your path to early termination. Under section 948.04, once you've served at least half your term, finished every other condition and had no violation found during the current term, the court generally must end your probation early or convert it to administrative probation. One violation finding takes that off the table.
Why you need a VOP attorney before you see the judge
It's best to walk into court with all your ducks in a row. That means proof of payments, treatment records, a letter from your employer, completion certificates for classes, and a plan for anything still unfinished. Doug Greenberg worked as a state prosecutor before he started defending people, and he knows that a VOP file with a documented explanation gets treated differently from a file with only the probation officer's side.
Contact us right away if you've been violated or if there's a warrant out for your arrest. In many cases we can arrange for you to turn yourself in on your schedule, with a motion for bond already filed.
Probation violation questions we hear most often
Will I go to jail for a first probation violation in Florida?
Not necessarily. A first low-risk technical violation often qualifies for the alternative sanctions program or for mandatory continuation of probation with, at most, up to 90 days in county jail. A new law violation or a pattern of violations carries much more risk.
How long do you stay in jail for a probation violation warrant?
It depends on whether bond is set. If the warrant says no bond, you can stay in custody until the judge hears the violation, which can take weeks. A motion for bond or a quick negotiated resolution can shorten that time.
Can a probation violation be dropped?
Yes. The State can withdraw the affidavit, or the judge can find the violation wasn't willful and substantial and dismiss it. Violations based on things you can fix, such as unpaid costs or a missed class, are often resolved by catching up before the hearing.
Can my probation officer violate me for a new arrest before I'm convicted?
Yes. The State can proceed on the violation before the new case is resolved, and the judge only needs to find by a preponderance of the evidence that you committed the new offense. That is why both cases have to be defended together.
Can I get off probation early in Florida?
Often, yes. If you've completed half your term, finished your other conditions and have no violation findings in the current term, section 948.04 generally requires the court to end probation early or convert it to administrative probation, unless your plea deal ruled that out.