Violating your probation is different that most crimes committed. It is important to understand that when a violation of probation is an issue, it is treated differently by the justice system. For example, there is no statute of limitations, no right to post bond while you wait for another hearing, and no right to a jury trial for the hearing regarding the violation.
More severe than the aforementioned, when probation is violated you can be forced to testify against yourself, and guilt does NOT have to be proven beyond a reasonable doubt!
After you are placed on probation, you are advised of the conditions of your probation by the judge or a probation officer. Should you disobey the conditions, you run the risk of having you probation violated.
Now, let's take a moment and look at the two types of violations that can occur. You can either violate probation with a Technical Violation, or you can violate probation with a Substantive Violation.
Technical Violations of Probation
A technical violation is any violation of you specific conditions of probation. For example, if you were required to complete a program after a DUI charge but failed to complete the program, it is a technical violation.
Substantive Violations of Probation
Substantive violations of probation are when you commit a new criminal offense.
For example, if you are on probation for a DUI and you commit Felony Theft, that is a new charge and, although not related to the previous charge, violates your probation AND carries consequences of its own.
Our skilled team of attorneys are dedicated to helping you in your defense if you are facing a violation of probation, having represented countless similar cases throughout the state of Florida.
If you or a loved one are faced with a violation of probation or have any questions regarding your probation, we are here for a free consultation.