Florida law provides for two ways to violate probation or community control. A substantive violation occurs when the person put on probation (often called the "probationer') is accused of committing a new law violation, either a felony or a misdemeanor offense. On the other hand, a technical violation of probation occurs when the probation is accused of violating a technical condition of the probation.
Technical violations of probation can include:
Section 948.06(1)(g), F.S., describes technical violations as a violation of probation that is not a new felony or misdemeanor. Section 948.06(1)(g), F.S., allows the chief judge of each judicial circuit to direct the Department to use a notification letter for technical violations in lieu of a violation report, affidavit, and warrant.
Contact an experienced criminal defense attorney if you believe your probation officer will allege that you violated your probation or community control. Our attorneys are experienced in representing people on probation or community control after a VOP warrant is issued by the court.
We can also help you find out whether you are qualified for other ways of resolving the case such as the Alternative Sanctions Program. Our attorneys work hard to help you find ways to avoid going into custody or staying in custody after a probation violation or community control.
With offices in Palm Beach County and Fort Lauderdale County, our attorneys represent clients in VOP cases throughout Palm Beach County and Broward County, FL.
Call (561) 283-3259 today to discuss your case.
During Fiscal Year 2014-15, approximately 94,000 violation reports were submitted due to probation violations. Of this number, 61,777 (or 66 percent) were technical violations. Department of Corrections, Agency Analysis 2016 House Bill 1149, p. 2 (Jan. 20, 2016).
Because of overcrowded court dockets, it often takes weeks and several different hearings for a probationer to be sentenced as the result of a violation of probation. If the probationer is charged with a technical violation, these hearings often result in the court reinstating or modifying the probation and imposing additional sanctions.
If the probationer is held in jail pending a violation hearing, he or she may lose employment and be unable to pay victim restitution, attend treatment, or comply with supervision requirements.
If the probationer is held in jail pending a violation hearing, then the probationer might lose their job and be unable to pay restitution to the victim, attend treatment or counseling, or comply with the supervision requirements.
In an effort to improve the process for resolving the violation of probation cases, the Department’s Office of Community Corrections developed the Alternative Sanctions Program. The program is aimed at reducing recidivism for supervised probationers by utilizing collaborative efforts between courts, probation, and law enforcement.
The program, created through an administrative order in each circuit, allows a technical violation to be addressed immediately with the probationer through an administrative process.
The Circuit Court judges in Palm Beach County have agreed to implement the Alternative Sanctions Program via administrative order. Other participating counties including Alachua, Brevard, Desoto, Flagler, Manatee, Pinellas, Putnam, Sarasota, Seminole, St. Johns, and Volusia.
If you were accused of violating probation because of a technical violation, then contract an experienced criminal defense attorney at Meltzer & Bell, P.A.. With offices in West Palm Beach in Palm Beach County and Fort Lauderdale in Broward County, FL, our attorneys are ready to help you fight your case.
Our attorneys represent clients in Palm Beach County, including West Palm Beach, Delray Beach, Boca Raton, Boynton Beach, Royal Palm Beach, Jupiter, Belle Glade, Palm Beach Gardens, Greenacres, Juno Beach and Wellington. We also represent clients in Fort Lauderdale in Broward County, FL.
We represent clients in both felony and misdemeanor cases. Don't face the judge alone. Let us help you at every stage of your case. Call (561) 283-3259 today to speak to an attorney about your violation of probation case in Palm Beach County, FL.
This article was last updated on November 10, 2016.