Violation of Probations;   Florida Statute 948.06 and Florida Rule of Criminal Procedure 3.790

 

How is a violation of probation initiated? 

1)  An arrest for a new law violation when the officer finds out the Defendant is on probation. This can occur without a VOP warrant however the VOP officer may write a VOP affidavit to add additional violations such as failure to pay or failure to report. 

2)  The probation officer files a Violation of Probation Affidavit. 

In this case a warrant is issued and the Defendant is will be arrested on the VOP warrant. However, the judge may also issue a notice to appear under certain situations.

3)  A judge at first appearance for a new law arrest can issue a VOP warrant. 948.06(c).   

See Fla. Statute 948.06(1)(b) 

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Am I entitled to bond on a violation of probation?

No for certain qualifying offenses it is discretionary and the court can choose to give bond but under 948.06(4) the court has the discretion to deny bond unless the judge is precluded from giving bond under the AMA Anti-Murder Act for any crime committed after March 12, 2007

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What are the Courts sentencing options?

Every violation of probation is a unique case and sentencing depends on the nature of the violation (technical violation or new law violation) the severity of the charge, and the criminal punishment scoresheet. Unlike substantive charges the court can modify, reinstate or revoke and terminate your probation even if you score prison.  

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Do I have to be adjudicated guilty if I violate probation after I was given a withhold of adjudication? 

It depends

Statute 948.06(2)(b) & (e) hold that a court must adjudicate if they revoke and term probation. The court can however modify the term of probation and continue the withhold even if there is a violation. 

 

How does youthful offender status affect a violation of probation?

When a defendant violates his youthful offender by committing a substantive violation the court is not bound to the usual youthful offender of six years or less and can impose up to the statutory maximum for the underlying charge but the court is required to keep the youthful offender status. 

 

Can the court depart from the sentencing guidelines in the event of a violation of probation?

Yes

A modification or extension of a sentence is not technically considered a sentence so the court can modify or extend conditions of probation and depart from the sentencing guidelines. 

 

What happens to my term of probation upon the filing of a violation of probation affidavit?

The term of probation is tolled until the court enters a ruling on the violation if an affidavit is filed and a warrant is issued.