Understanding Probation in Florida

Did you know there are over 166,000 people on supervised probation in the state of Florida? Probation is an alternative to incarceration that generally requires a person to be formally supervised for a certain period of time.

During probation, a person will have to follow various rules and regulations that are put in place to dictate where a person goes and what type of people they associate with. While on probation, a person will have to abide by all terms and conditions set forth by the judge. If these terms and conditions are violated, a person may be incarcerated. Read below to find out more information about probation in Florida.

The Details of Community Control Probation

Community control probation is intensively supervised custody in the community. This program severely restricts the freedom an offender has. Generally referred to as “house arrest,” this form of probation is very strict and allows a person very little interaction with the outside world. People who are put on house arrest generally have a zero-tolerance policy when it comes to violations. The length and restrictions of this form of probation vary based on the severity of the crimes a person has been convicted of.

General Terms and Conditions of Probation

There are a number of standard conditions that all Florida residents who are on probation have to abide by. These conditions include things like:

• Being subjected to unannounced visits from a probation officer.
• Consenting to searches during these visits.
• Not getting arrested while on probation.
• Not associate with persons engaged in criminal activities.
• Not being near or in possession of a firearm.
• Being subjected to random urinalysis testing.
• Restrictions on where a person can go while on probation.

In some instances, the judge presiding over a case may issue several special conditions for a person on probation to abide by. Violating any of the terms and conditions of probation in the state of Florida can lead to a warrant being issued for a person’s arrest.

Consequences of Violating Probation

A probation officer will need evidence and reasonable grounds in order to violate a person’s probation. A probation officer is also allowed to make a warrantless arrest and prepare a sworn affidavit to give to the judge. Once this affidavit has been presented to the judge, they will review it and issue a warrant if necessary. Generally, warrants associated with probation violations will have no bond amount, which means a person will be spending a great deal of time in police custody. If you have violated your probation and know a warrant is being issued for your arrest, you should contact a criminal defense attorney immediately. The lawyer will be able to speak to your probation officer to see if there is any way to avoid this violation and the legal headaches that will come as a result.

What Can You Do If Accused of a Probation Violation?

If a violation of a probation warrant has been issued, you have two options. The first option is to be served the warrant either by a warrant squad or possibly during a routine traffic stop. The second option is to turn yourself in before the warrant can be issued. By surrendering yourself to the court, you have a much better chance of negotiating a bond and getting out of jail in a relatively short amount of time.

If you are having issues with your probation, make sure to contact our team of attorneys at Hardesty, Tyde, Green, Ashton & Clifton, P.A. by calling 904-414-4906.

Additional Reading

Understanding a Hate Crime Charge
White Collar Crimes: Understanding Federal Fraud Charges