Violation of Probation Information
Many criminal defendants are sentenced to probation for a variety of crimes in Florida, including misdemeanors, felonies, and even criminal traffic offenses, according to Miami criminal lawyer John Musca. Generally, probation comes with requirements, such as frequent reporting to a probation officer, advising of changes in address, drug testing, and even bans on alcohol use. Conditions of probation may also include required classes, like the batterers intervention program in domestic violence cases or anger management for other types of criminal charges. Probation also requires payment of various fees for the unique form of supervision.
Probation is frequently given as part of a plea deal, although it is also giving as a component of regular sentencing after a trial, as well. The function is usually to allow the guilty party an opportunity to comply with rules and, to some extent, get a second chance. For example, a man named Andy steals a vehicle - thus committing grand theft (Florida Statute 812.014) - and he is subsequently arrested. Andy may elect to take a plea deal, particularly if the police have accumulated significant amounts of admissible evidence that tends to show that the defendant is guilty of the crime. In an effort to avoid time in prison or jail, he might agree to two years of probation, where he will complete a drug treatment program and report to his probation officer at least twice per month. He would also almost certainly be subject to random drug tests.
If Andy complies with all terms of probation, depending on the terms of sentencing, he will be released from probation and the judge may even withhold an adjudication of guilt. But if Andy fails a drug test or fails to check in with his probation officer, he may be arrested for violation of probation. If the judge finds that Andy did not comply with the conditions, she can re-sentence Andy as though he is being sentenced for the grand theft, even imposing prison time.
