⚖️ Violations of Probation (VOPs) in Florida: What You Need to Know
Under Florida Statutes Chapter 948, probation is a form of community supervision that allows a person to avoid incarceration—as long as they comply with certain conditions.
But when those terms are violated, the consequences can be severe. Here’s how probation violations are defined, what penalties you may face, and how a criminal defense lawyer can help you navigate a VOP in Florida.
📜 What Is a Violation of Probation?
A violation of probation (VOP) occurs when a person willfully and substantially fails to comply with the court-ordered terms of their probation.
The State must prove this violation by the greater weight of the evidence—a much lower standard than the “beyond a reasonable doubt” requirement in criminal trials.
📌 Related: 👉 Sentencing Factors in Florida Criminal Cases
🧾 Two Types of Probation Violations in Florida
🔧 Technical Violations
These involve failure to comply with administrative conditions, such as:
- ❌ Failing to pay court costs, fines, or restitution
- ❌ Failing to attend drug or mental health treatment
- ❌ Failing a drug test
- ❌ Missing a meeting with your probation officer
In these cases, courts assess whether the failure was willful and substantial. Non-willful violations—such as those caused by illness, mental health, or lack of transportation—may not justify revocation.
🚨 Substantive Violations
These involve committing a new crime while on probation. The State must present non-hearsay evidence linking the probationer to the new offense. An arrest alone is not enough to revoke probation.
📌 Related: 👉 Motion to Suppress in Florida Criminal Cases
⛓️ Penalties for Violating Probation
If the court revokes probation, the judge can impose any sentence available for the original offense—even if it exceeds the sentence from your original plea, as long as it does not exceed the statutory maximum.
Under Florida Statutes § 948.06, a judge may:
- ✅ Reinstate probation
- 🔄 Modify your probation terms
- ❌ Revoke probation and impose jail or prison time
📅 What Happens During a VOP Hearing?
- A probation officer files an Affidavit of Violation or DOC Violation Report
- ⚖️ The judge decides whether to issue a warrant or capias
- 🚓 You may be held without bond until your hearing
- 🧑⚖️ At your final VOP hearing, you can be compelled to testify
- 📣 Hearsay is admissible, but cannot be the sole basis for revocation
The burden of proof is lower than in a regular trial—making it easier for the State to win. That’s why having experienced legal counsel is critical.
📌 Related: 👉 Challenge Evidence in Florida Criminal Trials
⏳ Tolling of Probation
Once a violation report or affidavit is filed and a warrant is issued, your probation period is put on hold. It resumes only once the court rules on your violation.
This prevents the probation period from expiring while the violation is pending.
📞 Arrested for a Probation Violation in Florida? Call Michael White, P.A.
Whether you’re dealing with a technical violation, a substantive charge, or an alleged missed meeting, your rights are at risk.
At Michael White, P.A., we represent clients in Fort Lauderdale and throughout South Florida, helping them fight to:
- Suppress bad evidence
- Explain non-willful violations
- Argue for reinstatement or modification
- Avoid harsh prison sentences
📲 Call (954) 270-0769 or schedule a free consultation today to protect your future.
💬 Frequently Asked Questions: Florida Probation Violations
Q1: What is considered a violation of probation in Florida?
A: A violation occurs when a probationer willfully and substantially fails to follow the terms of their probation. This can include missing appointments, failing to pay fines, or committing a new crime.
Q2: What’s the difference between a technical and substantive violation?
A: A technical violation involves breaking the rules of probation (e.g., missed appointments or unpaid costs). A substantive violation means the probationer committed a new crime while on probation.
Q3: What happens if I violate probation in Florida?
A: Your probation officer will file a violation report, and the court may issue a warrant. You could be held without bond until your hearing. At the hearing, the judge may reinstate, modify, or revoke your probation.
Q4: What is the burden of proof in a VOP hearing?
A: Unlike criminal trials, which require proof beyond a reasonable doubt, VOP hearings only require proof by the greater weight of the evidence—a much lower standard.
Q5: Can I go to jail for violating probation in Florida?
A: Yes. If your probation is revoked, the judge can sentence you to the maximum allowed for your original charge—even if your initial sentence was lighter.