Violation of Probation in Volusia County and Flagler County, FL
Violations of probation in Daytona Beach, Flagler County, and Volusia County, Florida, can have serious legal consequences, and it’s crucial to understand both the nature of these violations and the importance of having a Daytona Beach criminal defense attorney if you find yourself facing such charges. If you or a loved one have been accused of violating probation, contact Sam Masters Legal. Sam Masters has a wealth of experience defending against violation of probation (VOP) accusations. Our top priority is Protecting Your Rights, Protecting Your Future.
What is a Violation of Probation (VOP) ?
A Violation of Probation (VOP) occurs when an individual who is serving probation fails to comply with the specific conditions and requirements of their probationary sentence. Probation is a form of supervision and alternative to incarceration where an offender is allowed to remain in the community under certain conditions, rather than serving time in jail or prison. The conditions of probation can vary but typically include requirements such as:
- Regular Check-Ins: Probationers are often required to meet regularly with a probation officer.
- Drug Testing: They may be subject to random drug tests to ensure compliance with sobriety requirements.
- Curfew: Some probationers may have curfew restrictions.
- Community Service: Completing a certain number of community service hours may be required.
- Counseling or Treatment: Probationers with substance abuse or mental health issues may need to attend counseling or treatment programs.
- Payment of Fines and Restitution: Payment of fines, court costs, and restitution to victims, if applicable, is usually a condition.
- No New Criminal Offenses: Probationers are typically prohibited from committing new criminal offenses.
- Residency/Travel Restrictions: Some probationers may have restrictions on where they can live and whether they are allowed to leave the county or state, without permission from the court.
A Violation of Probation occurs when a probationer fails to adhere to any of these conditions or other terms specified by the court. Common examples of VOPs include:
- Missing a scheduled meeting with a probation officer.
- Testing positive for drugs or alcohol when prohibited.
- Failing to complete required community service or treatment programs.
- Committing a new criminal offense while on probation.
- Violating restraining orders or protective orders.
- Not paying fines, restitution, or court costs as ordered.
When a probation violation is alleged, the probation officer or law enforcement may arrest the individual, and a hearing will be scheduled to determine whether a violation has occurred. At the VOP hearing, the judge will consider evidence presented by both the probationer’s attorney and the prosecution. If the judge finds that a violation has occurred, they may impose various penalties, which can include revoking probation and re-sentencing the individual to jail or prison.
It’s important to note that the consequences of a Violation of Probation can vary widely depending on the nature and severity of the violation, as well as the judge’s discretion. Some individuals may face additional probation requirements or alternatives to incarceration, while others may receive a harsher penalty.
If you are facing a Violation of Probation, it is crucial to consult with an experienced Daytona criminal defense attorney who can provide guidance, build a defense, and advocate on your behalf during the VOP hearing.
Types of Probation Violations in Florida
Technical Violation of Probation
In Florida, a Technical Violation of Probation occurs when a probationer fails to comply with the specific terms and conditions of their probation sentence that do not involve the commission of a new criminal offense. Technical violations typically involve violations of administrative or non-criminal aspects of probation. Some common examples of technical violations in Florida include:
- Missed Probation Appointments: Failing to attend scheduled meetings with a probation officer is a common technical violation. Regular check-ins with a probation officer are a fundamental aspect of probation supervision.
- Positive Drug or Alcohol Tests: If a probationer is prohibited from using drugs or alcohol as a condition of probation and tests positive for either substance during a drug or alcohol screening, it constitutes a technical violation. Failing to provide a drug test upon request is also considered a violation and is treated by most judges the same as a positive test result.
- Failure to Pay Fines, Fees, or Restitution: Not making required payments, such as fines, court costs, restitution to victims, or probation supervision fees, is considered a technical violation.
- Failure to Complete Court-Ordered Programs: If a probationer is ordered to complete specific programs as part of their probation, such as community service, counseling, or a substance abuse treatment program, failing to do so can lead to a technical violation.
- Curfew Violations: Violating curfew restrictions imposed as a condition of probation is considered a technical violation.
- Changing Residence Without Approval: Probationers are often required to obtain permission from their probation officer before changing their place of residence. Moving without approval can be a technical violation.
- Failure to Report Changes in Employment or Contact Information: Failing to notify the probation officer of changes in employment status or contact information can be considered a technical violation.
It’s important to note that technical violations are not related to the commission of new criminal offenses. Instead, they pertain to the probationer’s failure to adhere to the specific administrative and rehabilitative requirements set forth by the court as part of their probationary sentence.
The consequences of a Technical Violation of Probation in Florida can vary depending on the circumstances, the probationer’s history, and the judge’s discretion. Penalties may include additional probation conditions, extended probation terms, or, in some cases, revocation of probation and the imposition of the original sentence, which may involve jail or prison time.
If you are facing a Technical Violation of Probation in Florida, it is advisable to consult with an experienced Volusia County criminal defense attorney who can help you understand your rights, build a defense strategy, and advocate on your behalf during the violation of probation hearing. Sam Masters Legal can work to mitigate the consequences and seek a fair resolution to the violation.
Substantive Violations: New Criminal Offense
A “Substantive Violation of Probation” refers to a violation that involves the commission of a new criminal offense or a more serious violation of the law, as opposed to a technical violation, which typically involves non-compliance with administrative or rehabilitative conditions of probation.
Here are some key points about substantive violations of probation:
- New Criminal Offense: A substantive violation of probation occurs when a probationer is alleged to have committed a new criminal offense while on probation. This can include any criminal act, from minor offenses to serious felonies.
- Separate Legal Proceedings: When a probationer is suspected of committing a new criminal offense, the legal process generally involves separate proceedings from the probation violation itself. The probationer may face charges related to the new offense, and those charges will be adjudicated in the criminal court system.
- Probation Violation Hearing: Even if a probationer is charged with a new criminal offense, they may still face a probation violation hearing in addition to their criminal trial. The probation violation hearing determines whether the probationer’s actions constituted a violation of the conditions set by the court when probation was initially granted. The Court only needs to find by a “preponderance of the evidence” that the violations occurred which is a lesser burden of proof than the proof necessary to be convicted of the new criminal offense.
- Consequences: Substantive violations of probation can have severe consequences. If the court finds that a probationer has committed a new criminal offense while on probation, the judge may choose to revoke probation and impose the original sentence, which may include jail or prison time.
It’s important to note that the consequences of a substantive violation of probation can vary based on the specific circumstances of the case, the nature of the new criminal offense, and the discretion of the judge. Some judges may consider alternatives to revocation, especially for minor offenses, while others may choose to impose stricter penalties.
If you are facing a substantive violation of probation, it is crucial to seek legal counsel immediately. An experienced criminal defense attorney can help you navigate both the criminal charges related to the new offense and the probation violation proceedings. They can build a strong defense, explore possible alternatives, and work to achieve the best possible outcome for your case.
Consequences of Violating Probation in Florida
Violating probation in Florida can have serious consequences, and the specific penalties and outcomes can vary depending on the nature of the violation, the probationer’s history, and the judge’s discretion. Generally, there are two types of probation violations in Florida: technical violations and substantive violations. Here are some of the potential consequences for each:
Technical Violations of Probation:
- Probation Modification: For minor technical violations, the probation officer or court may choose to modify the terms and conditions of probation. This could involve additional requirements, such as more community service or counseling.
- Probation Extension: The court may extend the probationary period to allow the probationer more time to complete their obligations if they have made progress but need more time.
- Additional Conditions: The court can impose new conditions or requirements on the probationer, such as electronic monitoring, curfews, or more frequent check-ins with a probation officer.
- Probation Reinstatement: In some cases, the court may reinstate probation without additional penalties if the probationer demonstrates a commitment to complying with the original conditions.
- Revocation and/or Incarceration: Based upon the prior criminal history, the severity of the underlying offense, the number and severity of technical violations, the length of time on probation and whether this is a first or subsequent violation, the court may revoke probation and sentence the probationer to County Jail or State Prison.
- Adjudication of Guilt: Many times a judge withholds adjudication of guilt so that someone on probation is not “convicted” of the crime. A probation violation could result in the court adjudicating the offender guilty, resulting in a permanent criminal conviction.
- NO-Alternative Sanctions: . DELETE THIS(never heard of someone getting diversion after a VOP
Substantive Violations of Probation:
- Revocation of Probation: If a probationer commits a new criminal offense while on probation (a substantive violation), the judge may choose to revoke probation. This means the probationer could face the imposition of the original sentence, which may include jail or prison time.
- Penalties for New Offense: In addition to probation revocation, the probationer will also face the legal consequences of the new criminal offense in a separate criminal court proceeding.
- No Credit for Time Served: Typically, any time served on probation is not credited toward the sentence for the new offense or probation revocation. This means that the probationer may serve additional time for the probation violation and any new charges, potentially up to the statutory maximum.
- Permanent Record: Violations of probation can result in a criminal conviction and a permanent mark on the individual’s criminal record, which can impact future employment and other opportunities. If the VOP was based on a felony charge, the probationer could be adjudicated on that felony charge and become a convicted felon.
It’s important to understand that the consequences of probation violations can vary widely, and judges have discretion in determining how to handle each case. Mitigating factors, such as the nature of the violation, the probationer’s history, and efforts to address underlying issues, can influence the outcome.
If you are facing a probation violation in Florida, whether it’s a technical or substantive violation, it is crucial to consult with an experienced criminal defense attorney in Florida. Sam Masters Legal can provide guidance, build a strong defense, and advocate on your behalf to seek the best possible outcome in your case. We can help you understand your rights and navigate the legal process effectively. We are committed to Protecting Your Rights, Protecting Your Future.
Violation of Probation (VOP) Defense Lawyer
In the face of a probation violation in Daytona Beach, you don’t have to face the legal system alone. At Sam Masters Legal, we understand the complexities and challenges that come with probation violations, whether they are technical or substantive. Our experienced legal team is here to provide the support, guidance, and defense you need during this critical time.
If you or someone you know has been arrested for a probation violation in Daytona Beach, it’s essential to act quickly. The consequences of a violation can be severe, and the path forward may not be clear. We are here to help you navigate the legal process, protect your rights, and advocate for the best possible outcome in your case while adhering to our commitment of “Protecting Your Rights, Protecting Your Future.”
Don’t wait. Contact Sam Masters Legal today for a confidential consultation. Our team is ready to listen to your story, assess your situation, and start building a strategic defense tailored to your unique circumstances. We are committed to fighting for your rights and working toward a resolution that minimizes the impact of a probation violation on your life. Your future matters, and we are here to help you protect it.
Reach out to us now to schedule your consultation. Remember, you don’t have to face this challenge alone. Sam Masters Legal is here to stand by your side every step of the way, “Protecting Your Rights, Protecting Your Future.”