Florida Order Releasing Defendant on Earned Probation
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FAQ
A technical violation of probation or parole is misbehavior by an offender under supervision that is not by itself a criminal offense and generally does not result in arrest (e.g., failing to report for a scheduled office visit, missing a curfew, lack of employment or attendance at school, testing positive for drug or ...
This type of crime carries a maximum penalty of one year in jail in the state of Florida. So if you violate the terms and conditions of your probationary sentence, the judge could decide to sentence you to up to one year in jail.
A technical violation is not always a new charge. For instance, failing to pay restitution may not be a new charge on your record. That is considered a technical violation. A substantive violation occurs when a probationer commits a new crime.
Section 948.04 - Period of probation; duty of probationer; early termination; conversion of term (1) Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court.
948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.
As the section within the Florida State Statutes that deals with conditions of probation stipulates, any restitution that has been ordered in a given case will be a condition of the probation and failure to comply with the restitution may be grounds for a revocation of the probation.
Ultimately, the decision to dismiss a probation violation lies in the hands of the judge presiding over your case. If your defense attorney can cast doubt on the evidence or present a compelling case, it may lead the judge to dismiss the probation violation.
Technical violations are those that occur when a probationer fails to complete one or more conditions of probation, such as abiding by curfew, meeting with a probation officer, getting a job, not buying firearms, or going to a substance abuse or domestic batterer's program.
