Everybody makes mistakes. It’s a phrase everyone in the world probably knows. But while most mistakes are harmless and easily forgiven, that is not the case when it comes to criminal law here in the United States. Criminal mistakes can result in serious penalties and even fines, which is what we wanted to cover in this week’s blog post.
In Brevard County, as in other counties across Florida, after a sentence is served and a person is released, they may be required to serve probation for a period of time. Even if you’ve never been accused of a crime yourself, you may know that there are certain conditions that go along with any probation. Violating any of these conditions can have serious consequences no matter where you live.
What Happens If You Violate Probation in Florida?
When people in Florida are sentenced to probation, they are given terms and conditions to which they must adhere. If a person breaks a condition or term of probation, it is considered a violation of their probationary sentence.
In some cases, probation officers submit an affidavit to the court. In other cases, a probation officer will warn the person. What they do is up to their discretion. If the probation officer files an affidavit with the court, they will likely seek some form of punishment, possibly including jail time.
The person will first receive a notice to appear in court for their alleged probation violation. The court will then set a hearing on whether the probation was violated. Unlike a regular criminal case, a probation violation case requires only that the prosecutor prove the person violated probation by a preponderance of the evidence. After the hearing, if the court finds that the person violated probation, it may impose a sentence that includes a fine, a jail sentence, a probation extension, or revocation of probation. If the probation is revoked, the person may then be required to serve out the remainder of their sentence in jail or prison, depending on the level of the offense underlying the original probation.
In addition, repeat violations and new charges can expose you to enhanced sentencing under Florida’s habitual felony offender law.
People who are charged with a violation of the terms of their probation may want to obtain the assistance of a criminal defense attorney. In some situations, legal counsel may be able to enter into an arrangement with the probation officer and prosecutor in order to get the probationary sentence reinstated.
Consequences for Violating Probation in Florida
So what happens if you accidentally make a mistake and violate your probation in Florida?
As Florida Statute 948.06 explains, if there are reasonable grounds to suspect that a person has violated their probation, then any law enforcement officer who is aware of the violation may arrest the probationer. This can be done with or without a warrant, though it is possible for a judge to issue a warrant if the courts believe that a probationer has violated the terms of their release.
It’s important to point out that a person accused of a probation violation does have the right to an attorney at this time and is advised to exercise this right, especially considering the fact that a hearing typically follows an arrest. At these hearings, the standard of proof is generally lower than regular criminal proceedings, meaning you could find yourself facing a conviction and an even harsher sentence.
Will Florida Extradite For a Probation Violation?
Yes, Florida may extradite a person for violating probation. However, whether they extradite depends on the type of violation, court orders, and where the person is located. Probation violations generally result in a warrant, and courts often seek the return of the person.
Even though we understand that you’re only human and have the propensity for mistakes, the criminal justice system is less forgiving. That’s why having a skilled Brevard County probation violation attorney on your side is so important. They can find that balance between showing someone mercy and following the rules of the law.
