When you are on probation, you walk a legal tightrope between freedom and confinement. For individuals on probation, the stakes are high, and the consequences of missteps can be life-altering. In Florida, the penalties for violating probation will depend on whether it is considered a misdemeanor or felony violation.
If you have been accused of violating your probationary terms in Florida, Criminal Defense Attorney Brian Gabriel can help defend your rights. Mr. Gabriel has built defense strategies for people accused of various types of crimes in Florida for over 30 years, and when you choose to work with him, he will handle your case using all the knowledge and skills developed over the span of his career.
What Is Probation in Florida?
Probation is a legal arrangement that allows individuals to serve their sentences outside of incarceration under specific conditions set by the court. These conditions typically include regular check-ins with a probation officer, maintaining steady employment, attending counseling, and refraining from criminal activities.
In Florida, probation grants some individuals a second chance to rebuild, rehabilitate, and reintegrate into society. However, when the terms set by the court are breached, the consequences can range from a simple probation extension to time behind bars.
Felony Violation of Probation
A felony violation of probation occurs when an individual on probation fails to adhere to the court-ordered conditions and commits a serious offense. Felony violations often involve more severe consequences, as they typically relate to more serious criminal activities.
Common examples of felony probation violations in Florida include:
- Committing a new felony offense
- Possession of illegal substances or weapons
- Failing to report to a probation officer
- Leaving the state without permission
The consequences of a felony probation violation can be severe, potentially resulting in extended probation, fines, or even imprisonment.
Misdemeanor Violation of Probation
A misdemeanor violation of probation, on the other hand, is generally associated with less severe offenses. While the consequences may not be as dire as felony violations, they still carry significant legal implications.
Common examples of misdemeanor probation violations in Florida include:
- Failure to attend scheduled counseling sessions
- Missing probation check-ins
- Minor drug offenses
- Violating curfew restrictions
While misdemeanor violations may not lead to the same harsh penalties as felony violations, they can still result in increased probation terms, fines, or other court-ordered consequences.
Technical vs Substantive Probation Violations
Probation violations can also be broadly categorized into two main types: technical violations and substantive violations.
Technical violations occur when a probationer fails to comply with the specific conditions and requirements set forth by the court, probation officer, or the probation agreement itself. They include actions like missing probation check-ins or failing to report to a probation officer.
Substantive violations involve the commission of a new criminal offense or engaging in behavior that goes beyond the terms and conditions of probation. They involve committing a new crime while on probation. This distinction is important as it influences the court’s response to the violation.
Defending a Probation Violation in Florida
The judge’s discretion, the nature of the original crime, and the type of violation will significantly influence the penalties. Whether you are facing felony or misdemeanor probation violations, seeking legal representation is paramount. A skilled criminal defense lawyer can explore various defense strategies, including:
- Challenging the evidence presented
- Demonstrating compliance with probation conditions
- Proving mitigating circumstances
Although a violation of probation itself does not result in a new felony or misdemeanor charge, by working with an experienced attorney, individuals facing probation violations can increase their chances of securing a favorable outcome in court.
Probation Violation? Call a Seasoned Florida Criminal Defense Attorney Today
If you or a family member is facing a probation violation, seeking the guidance of a seasoned criminal defense lawyer is essential. Criminal Defense Attorney Brian Gabriel has over three decades of experience, and he understands what it takes to defend your rights. Your future and freedom hang in the balance, and the right legal representation can make all the difference.
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.