About Probation

Causes of Probation Violation

When you have been convicted of or pled guilty to a crime you may have received a sentence of probation due to a number of different situations. If you had no prior arrests or conviction, or if the crime was relatively minor, you may have received probation as a part of your sentence. However you have strict guidelines that you are expected to follow during the term of your probation. Probation can be for any length of time, from a few months to several years, depending on the severity of the crime and the original sentence given. Violating any of the conditions of your probation will probably result in your being sent to jail, at times with no prior warning if a bench warrant is issued.

Some of the causes of probation violation can include:

Not following the guidelines set for your probation and/or by your probation officer.
Getting arrested again or getting accused of committing another crime.
Not reporting to your probation officer as directed.
Failing to appear (FTA) for a required court appearance.
Unpaid fines, restitution, fee’s, ETC ordered by the court.
Not completing your community service hours.
Not completing a rehabilitation or drug abuse program.
Possession of illegal or prescription drugs without a prescription.
Possession of a weapon of any type.
Dirty Urine Test While On Probation.
Testing Positive for Illegal drugs.

If you have violated your probation and need to handle the matter quickly in order to prevent an arrest, consulting a criminal defense attorney is recommended, there may be valid reasons for you possibly having violated your probation. Like a possible false positive drug test or an over limit detected on your drug test results this known as the "detection limit" of the test. An attorney will work with the judge to have the charges dismissed depending on the circumstances.

In-Effective Defense of Probation Violation/s.

Violating probation can lead to additional fines, jail time and other penalties if the matter is not handled properly and effectively. Seek the advice of a lawyer as soon as possible.

Don't let a probation violation end you back in jail retain criminal defense attorney.

Florida Community Corrections is responsible for the supervision of over 150,000 offenders annually under community supervision. Comprehensive community supervision comprises a multitude of human resources, programs, automation and communication systems and specialized supervision approaches. The following is a brief overview of the types of supervision and probation programs that make up this area of the Florida Department of Corrections.

Probation

Probation is granted as a court-ordered term of community supervision under specified conditions for a precise period of time that cannot exceed the maximum sentence for the offense. The probationer is mandatory to abide by all conditions ordered by the court. Violation of these conditions may result in revocation by the Court and imposition of a sentence, which the court might have imposed when originally placing the offender on probation. The probationer is typically required to pay the cost of supervision to the state of Florida, on top of any additional conditions requiring payment of restitution, court costs and fines, public service and other various types of treatment.

The probationer is generally required to visit his supervising officer in the local probation office at least once a month and depending on the probationer's status, the probation officer may visit the offender at his/her home and/or place of employment.

Administrative Probation

Administrative Probation is the least restrictive type of supervision. A form of non-contact supervision in which an offender who represents a low risk of harm to the community may, upon satisfactory completion of half the term of regular probation, be placed on non-reporting status until expiration of the term of supervision. The department is authorized to collect a processing fee of up to $50 for the offender reduced to administrative probation. Periodic background record checks are completed to ensure the offender has not violated any law.

Drug Offender Probation

Drug Offender Probation is an concentrated form of supervised release, which emphasizes treatment of drug offenders in accordance with individualized drug or alcohol treatment plans. The program includes elements of surveillance (electronic drug and alcohol monitoring) and random drug testing. Contacts are made by senior correctional probation officers to ensure offenders remain drug free. The sentencing court typically reviews the offender's progress reports on a regular basis.

Sex Offender Probation

Sex Offender Probation is designated for offenders placed on supervised probation whose crimes were committed on or after October 1, 1995, and who were placed under supervision for violation of chapter 794, s. 800.04, s. 826.071, or s. 847.0145. Per Florida Statute, the court shall impose specific special conditions, as set forth in s. 948.03(5)(b), in addition to all other standard conditions imposed. Sex Offender Probation is designed to enhance the protection of the community’s public safety and to require treatment/counseling for the offender. The offender is also required to submit two blood specimens to the Florida Department of Law Enforcement for registration with the national DNA data bank.

Community Control

Community control is a form of intense supervised home confinement / house arrest in the community, including surveillance on weekends and holidays, administered by officers with limited caseloads. It is an individualized program in which the freedom of the offender is restricted within the community, home or non-institutional residential placement, and specified sanctions are imposed and enforced. As with probation, violation of any community control condition may result in revocation by the court and imposition of any sentence, which it might have imposed before placing the offender on community control supervision. Typically a lot of the offenders who are placed on community control are prison diversions.

What are the Types of Probation?

Informal Probation

Informal probation is also known as administrative probation or unsupervised probation. It is the probation assigned to low-risk offenders. Which most time involves nothing more than paying your fines and fees and agreeing to commit no more violations of the law for the period of probation, typically no more than 24 months. The court will often issue an order of suspended jail sentence as part of the probation. If you comply with the terms you won't have to go to jail, but if you fail to pay your fines or commit any another crime the court will send you to jail.

Supervised Probation

A more intense form of probation is known a supervised or formal probation. If you are on supervised probation you will have to report to a probation officer on a regular basis typically once a month. Supervised probation will typically have much stricter requirements. You may be required to attend counseling, submit to random drug or alcohol checks, make restitution payments to victims of your crimes, and maintain and/or seek gainful employment. If you fail any of these requirements you can be sent to jail almost immediately.

Community Control

Community control is the strictest form of probation. Effectively a jail sentence without the jail, an offender on community control will be monitored at all times and requires an electronic monitoring device. Typically this is achieved through use of an ELMO ankle monitor. The offender wears the ankle monitor for the duration of his probation and his whereabouts can be tracked at all times. This is in addition to all other requirements of probation imposed, including payment of fines, counseling and maintaining employment.

Shock Probation

Shock probation came to prominence in the 1990s. In a typical shock probation scenario, the judge sentences you to the maximum prison or jail sentence allowable under the law. Then within a short period, typically around 30-60 days, the judge brings you back into court and releases you to a standard supervised probation program. The rationale behind shock probation is that the brief stay in jail will literally shock you into complying with the conditions of your probation. Shock probation provides defendants with an opportunity to receive probation after spending a short period of time in a jail with the hopes that the offender will not commit another crime and become a law abiding citizen of the community.

Diversion Courts

Court Diversion Programs also known as PTI are not exactly probation but they operate in the same fashion. Rather than being placed on probation post-conviction, you enter the program before going to trial. If you complete the requirements the charge against you is dropped. Diversion typically involves all of the same requirements as supervised probation.

Outline of Community Corrections

Community Control II (ELMO Electronic Monitoring)

The use of electronic monitoring (ELMO) as an enhancement to community control continues to receive judicial approval. Electronic monitoring exists in all twenty (20) Florida judicial circuits. The units (ankle bracelets) are monitored on a 24-hour a day basis by private vendors who immediately report all curfew and travel violations to probation staff for further action.

Community Control-Sex Offender

Sex Offender Community Control is elected for offenders placed on probation whose crimes were committed on or after October 1, 1997, and who are placed under probation supervision for violation of chapter 794 or s. 800.04, s. 827.071, or s. 847.0145. Per Florida Statute, the Court must impose specific special conditions, as set forth in s. 948.03(5)(b) in addition to all other standard conditions imposed. Sex Offender Community Control is designed to enhance the protection of the community’s public safety and to require treatment, counseling for the offender. The offender is also required to submit two blood specimens to the Florida Department of Law Enforcement to be registered with the national DNA data bank.

Pretrial Intervention (PTI)

An individual who is charged with a non-violent third degree felony is typically eligible for the pretrial intervention program. Approval of the administrator and the consent of the victim, the state attorney, and the judge overseeing the case are required in order to formally accept the offender into the PTI program. When an offender successfully completes the conditions of the program which could include restitution to the victim, counseling and/or community service, then the State Attorney's Office will not prosecute the case. Since the statute has been changed to allow all non-violent third degree felony as criteria for access into the program, PTI caseloads have increased, as has the risk level of these offenders.

Pretrial Intervention - Drug Offender

A person charged with a second degree felony or third degree for sale, purchase or possession of a controlled substance under chapter 893, and who has not previously been convicted of a felony, nor has been admitted to a pretrial program, is eligible for admission into a pretrial substance abuse education and treatment intervention program approved by the chief judge of the local circuit, for a period of not less than one year. At the conclusion of the PTI period, the court shall make a ruling as to the disposition of the pending charges. The court shall establish by written finding, whether the defendant has successfully completed the pretrial intervention program. Failure to successfully complete the program shall result in the case continuation of prosecution by the local State Attorney's Office.

Post-Prison Release

Parole

Parole is a post-prison supervision program where inmates who qualify have their conditions of parole release set by the Florida Parole Commission. Parole supervision is conducted by the Florida Department of Corrections. Parole is a conditional extension of the limits of the confinement term after an offender has served part of his sentence. The period of parole cannot exceed the balance of the original sentence. Under parole, the offender is to be supervised in the community under strict and specific conditions.

Conditional Release

An inmate sentenced to murder/manslaughter, sexual offenses, robbery or other violent personal crimes, and who has a previous commitment to a state or federal institution or has been convicted as a Habitual Offender or Sexual Predator, meets the criteria for conditional release. Upon reaching the release date with accrued gain time, an inmate is placed on conditional release to serve up to the remainder of the length of sentence. A conditional release eligible inmate often accrues less gain time than other inmates due to the nature of the offense. Conditional release is not technically an early release mechanism as it merely provides for post-release supervision for those considered serious offenders for up to the amount of gain time accrued.

Causes of Probation Violation

In-Effective Defense of Probation Violation/s.

Probation

Administrative Probation

Drug Offender Probation

Sex Offender Probation

Community Control

Informal Probation

Supervised Probation

Community Control

Shock Probation

Diversion Courts

Community Control II (ELMO Electronic Monitoring)

Community Control-Sex Offender

Pretrial Intervention (PTI)

Pretrial Intervention - Drug Offender

Post-Prison Release

Parole

Conditional Release

Other Post-Prison Releases