Violation of Probation
Florida Statutes on Probation and Community Control define probation as any form of supervision ordered by the court and conducted by the Florida Department of Corrections.
The Statutes describe the following categories of supervision the Department of Corrections administers, all of which are forms of probation:
- "Administrative probation" means a form of non-contact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to non-reporting status until expiration of the term of supervision.
- "Community control" means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays.
- "Criminal quarantine community control" means intensive supervision, by officers with restricted caseloads, with a condition of 24-hour-per-day electronic monitoring, and a condition of confinement to a designated residence during designated hours.
- "Drug offender probation" means a form of intensive supervision, which emphasizes treatment of drug offenders in accordance with individualized treatment plans.
- "Community residential drug punishment center" means a residential drug punishment center designated by the Department of Corrections.
- "Sex offender probation" or "sex offender community control" means a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan.
Probation requires specified contacts with parole and probation officers and other terms and conditions. Examples are:
- Reporting to the probation and parole supervisors as directed.
- Permitting probation supervisors to visit you at your home or elsewhere.
- Working faithfully at suitable employment insofar as may be possible.
- Remaining within a specified place.
- Making reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court
All probation officers have the authority to officially violate your probation and file a warrant, if they choose to do so.
A probation officer’s accusation of probation violation may arise for any number of reasons. You may have violated a technical term or condition such as failure to report to your probation officer as scheduled, failure to report to counseling, changing your residence without prior approval, failing to pay fines or restitution, or you may have committed a new crime.
Your probation officer may choose to warn you instead of filing an arrest warrant. If you are accused of a “technical” violation, a misdemeanor probation officer may give you a notice to appear for court, without filing a warrant for your arrest.
At the Longwood, Florida Law Firm of Shanna Rose, Esq. we regularly represent clients accused of violation your probation. While violations of probation are frequently resolved through a plea bargain, after investigating the circumstance of your alleged violation, Shanna Rose will negotiate on your behalf and prepare your case for trial at an evidentiary hearing, should that be necessary.
When you have been accused of a violation of probation and you need a criminal defense lawyer to protect your rights, call our office at 407-712-7661 to arrange a no-cost, consultation. Or, click here to contact our law firm.
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