What Is a Violation of Probation in Florida?

A violation of probation, often called a VOP, occurs when the State alleges that a person failed to comply with one or more conditions of probation.

Unlike a new criminal charge, a VOP proceeding follows different legal rules and can expose a defendant to significant penalties.

For many individuals, a violation of probation is more dangerous than the original criminal case because judges often have broad sentencing discretion after finding a violation.

Types of Violations

Violations generally fall into two categories.

Technical Violations

Technical violations may include:

• Failure to report
• Failure to pay costs
• Missing treatment sessions
• Missing community service
• Curfew violations
• Positive drug tests

Substantive Violations

A substantive violation generally involves the allegation that the probationer committed a new criminal offense.

What Happens After an Alleged Violation?

The probation officer may submit an affidavit alleging a violation.

The court may then:

• Issue a warrant
• Schedule a hearing
• Require the probationer to appear

In many cases, individuals are arrested on violation warrants.

The VOP Hearing

Violation hearings differ significantly from criminal trials.

For example:

• There is no jury.
• The burden of proof is lower.
• Certain evidence may be admissible that would not be allowed at trial.

The judge decides whether a violation occurred.

Potential Penalties

If the court finds a willful and substantial violation, possible consequences include:

• Reinstatement of probation
• Modification of probation
• Additional probation
• Jail
• Prison

The available penalties often depend on the underlying offense.

Common Defenses

Potential defenses may include:

Not Willful

The State must generally prove the violation was willful and substantial.

Inability to Pay

Financial violations may require proof that the defendant had the ability to comply.

Insufficient Evidence

Not every allegation can be proven.

Hearsay Issues

Although hearsay is often admissible in VOP hearings, important limitations still exist.

Frequently Asked Questions

Related Articles

• Can I Bond Out on a Violation of Probation?
• What Happens at a VOP Hearing?
• Can Hearsay Be Used at a VOP Hearing?
• What Happens If I Fail a Drug Test While on Probation?
• Violation of Probation Attorney Naples

Contact the Law Offices of Jose Nunez, Jr.

If you have been accused of violating probation in Southwest Florida, contact the Law Offices of Jose Nunez, Jr. to discuss your rights, defenses, and options.