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Understanding Probation Violations

The Law Offices of Hoskins and Penton, P.A. July 15, 2022

Person in handcuffs sitting across desk from person in suitIf you have recently violated the terms of your probation, you must contact an attorney immediately. Depending on when the violation took place, a petition to revoke your probation may already be in the works. If this is the case, you could end up serving the remainder of your sentence behind bars.

At the Law Offices of Hoskins & Panton, P.A., we understand probation violations and the consequences that follow. Let our personalized and aggressive legal defense get you in good standing with your probation officer and your probation back on track. Our team proudly serves clients in Clearwater, New Port Richey, Tampa, and St. Petersburg, Florida.

Common Probation Violations 

Did you know that even a minor traffic ticket can potentially violate the terms of probation? Complying with and completing the terms of probation is a critical element to remaining in a good stance. Generally, for those that continuously communicate with their probation officer the risk for violations is minimized. However, as communication between offender and officer breaks down, violations are more likely to occur. Some common probation violations are:

  • Failure to report to a probation officer

  • Failure to pay fines or restitution 

  • Failure to appear for a court date

  • Failure of a drug or alcohol test

  • Incomplete or absent from community service

  • Crossing state lines

  • Committing a new crime

Never assume that you’ll be able to just explain the reason why you violated probation, and the courts will understand. It is crucial to speak with an attorney immediately for proper guidance.

Types of Probation Violations

In Florida, there are two different types of probation violations: technical and substantive, or new law violations.

A technical violation occurs when an individual fails to follow the rules of their probation but does not commit any additional crimes. 

A substantive violation is more serious than a technical violation. This type of violation occurs when an individual commits a new crime while on probation. For example, getting arrested for drunk driving while on probation. 

Consequences of Probation Violations

If you are found guilty of violating probation, there is a wide variety of punishments you may be subject to. Although technical violations can enact serious consequences, substantive violations will almost certainly result in the most severe of penalties. These can include:

  • A warning or request to appear in court

  • Additional probation conditions or requirements

  • Having your probation revoked and being placed on house arrest or worse, sent back to jail

Another factor to consider is that in many substantive violations, not only are you facing increased penalties for breaking the terms of your original probation, but you will most likely face a new charge for the additional crime you just committed. 

If you think you have committed a substantive probation violation, it is in your best interest to speak with a Florida criminal defense attorney to discuss your options. 

Skilled Legal Guidance

Violating probation isn’t something to take lightly. If your probation officer has reported a probation violation on your behalf, you could have a warrant out for your arrest. If you believe you may have violated the terms of your probation, The Law Offices of Hoskins and Penton, P.A. is here when you need us most. Our skilled yet caring legal approach can investigate your situation and determine the best course of action. 

Remember, every situation is different, and making a probation mistake should never rob you of your rights. We make it our job to speak with prosecutors, probation officers, and judges on your behalf. We have the legal expertise to help them make the right decision and honor your rights along the way. To learn more about probation violations and to speak with an attorney today, call (727-513-9832). The Law Offices of Hoskins and Penton, P.A., serves clients in Clearwater, Florida, and neighboring localities of New Port Richey, Tampa, and St. Petersburg.-