What Happens if You’re Charged with a Crime While on Probation?

Being charged with a crime while already serving probation can significantly complicate your legal situation. Probation is essentially a second chance and an opportunity to demonstrate good behavior instead of serving jail time. When you face new criminal charges during this period, you’re at risk of not only the penalties for the new alleged offense but also the consequences of violating your probation terms.

Criminal Defense Attorney Brian Gabriel has spent over 30 years helping clients navigate complex legal situations in Palm Beach County. He will handle your case using all the knowledge and skill developed over the span of his career. When clients face charges while on probation, they need experienced legal representation to address both the probation violation concerns and the new criminal case simultaneously.

Understanding Probation Violation in Florida

Probation is a court-ordered period of supervision that allows individuals to remain in the community instead of serving time in jail. When you’re on probation, you must follow specific conditions such as:

• Regular meetings with your probation officer
• Random drug testing
• Maintaining employment
• Paying fines and restitution
• Completing community service hours
• Avoiding new criminal charges

Under Florida Statute 948.06, being charged with a new crime while on probation constitutes a violation, even before any conviction occurs. This is a violation, and it can trigger a violation of probation (VOP) hearing that operates independently from your new criminal case.

Immediate Consequences of New Charges

When you’re charged with a crime while on probation, several things typically happen in rapid succession:

• Your probation officer will be notified of your arrest
• A violation report will likely be filed with the court
• A judge may issue a warrant for your arrest if you aren’t already in custody
• You may be held without bail until your VOP hearing

Unlike regular criminal cases where bail is often available, probation violation cases in Florida don’t guarantee the right to bail. This means you could remain in custody until your violation hearing is resolved, regardless of the severity of your new charges.

The Two-Front Legal Battle

When charged with a crime during probation, you’ll face two separate legal proceedings:

1. The new criminal case, with its own set of hearings, evidence, and potential penalties
2. The probation violation hearing, where a judge determines if you violated your probation terms

These proceedings operate under different standards of proof. In your new criminal case, the prosecution must prove guilt beyond a reasonable doubt. However, in a probation violation hearing, the standard is much lower—only a preponderance of evidence (more likely than not) is needed to find a violation occurred.

Potential Outcomes and Penalties

If you’re found to have violated your probation by committing a new offense, the judge has several options:

• Reinstate your original probation with the same terms
• Modify your probation with stricter conditions
• Revoke your probation and sentence you to serve the original suspended jail or prison term
• Extend your probation period

The judge’s decision will likely depend on several factors, including:

• The severity of your new charges
• Your prior compliance with probation terms
• Your overall criminal history
• Recommendations from your probation officer

Remember, these consequences apply even if you’re eventually found not guilty of the new charges. The probation violation is a separate matter that can result in penalties regardless of the outcome of your new case.

Strategic Defense Approaches

When facing criminal charges while on probation, a multi-faceted defense strategy becomes essential. Your defense attorney may explore options such as:

• Challenging the evidence in your new criminal case
• Negotiating with prosecutors to reduce charges
• Working with your probation officer to advocate for leniency
• Preparing a compelling presentation for your VOP hearing
• Seeking treatment programs or alternative sentencing options

Each case requires a personalized approach based on the specific circumstances, the nature of both the original and new charges, and your personal history.

Important Considerations and Timing

Timing is critical when facing charges while on probation. The probation violation hearing may occur before your new criminal case is resolved, which creates strategic challenges. A finding of violation could potentially influence the outcome of your new case or limit your negotiating position with prosecutors.

Additionally, statements you make during your probation violation hearing could potentially be used against you in your new criminal case. This creates a delicate situation requiring experienced legal guidance to navigate properly.

Contact a Palm Beach County Criminal Defense Attorney

Facing criminal charges while on probation presents unique challenges that require skilled legal representation. Criminal Defense Attorney Brian Gabriel offers the experience and strategic approach needed to address both your new charges and potential probation violations. 

Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.