Violation Of Probation (VOP)
When you have been charged with violating your probation in Broward County, Palm Beach County, or Miami-Dade County, Florida, you run the risk of being arrested and held in the county jail without bond until your case is heard. Even worse, the judge can sentence you to jail or prison for the maximum time you were facing on the underlying charge that got you a probationary sentence. For example, if you were placed on probation for a 3rd degree felony and you violate your probation, the judge can sentence you to 5 years in prison for the violation (VOP). If your original charge was a misdemeanor, the judge can sentence you to 1 year in the county jail.
When you violate probation, you have no right to trial by jury. Additionally, the burden of proof is the lesser standard of preponderance of evidence instead of the tougher standard of proof beyond a reasonable doubt. This means that the prosecutor must only prove that it’s more likely than not that you violated the terms of your probation. You can also be called as a witness at your own hearing.
VOP’s are tough to defend and you need the help and guidance of an experienced attorney to help you stay out of jail.
Common causes of probation violations in Florida are:
- That you did not pay fines that were part of the conditions of your probation.
- You failed to show up for an appointment with your probation officer.
- You are charged with another crime while on probation.
There are several kinds of probation that are issued by the Florida Department of Corrections:
- Administrative Probation—places the offender on probation but does not require them to be in regular contact with a parole or probation officer.
- Community Control—requires the offender to be under supervised custody. The offender’s freedom is restricted to a certain type of residential setting and may include surveillance by officers.
- Community Control II—24 hours a day/ 7 days a week supervision by probation officers that may include spending a set amount of time in residential confinement. This may include 24/7 electronic surveillance.
- Sex Offender Probation—offender must follow a treatment plan and be under strict supervision by a surveillance officer.
- Community Control-Sex Offender—for an offender who committed a sex crime after September 30, 1997 that violated chapter 794 or s. 800.04, s. 827.071, or s. 847.0145. The offender must undergo strict supervision, treatment, and must submit blood samples to the Florida Department Of Law Enforcement.
- Drug Offender Probation—offender under goes treatment, random drug testing, and strict supervision.
If you need help, call Arnesen Law, P.A. immediately at 954.703.5050. Consultations are always free.