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Does a Probation Violation Mean Jail?

Probation Violation

When you receive probation as part of your sentence for a crime, you are expected to adhere to certain rules and conditions. Probation violations occur when you do not meet the terms and conditions placed on you by the court and can result in several consequences, up to and including time spent in jail or prison. It is vital to understand the terms and conditions of your sentence to avoid probation violations that could lead to further penalties.

What Is a Probation Violation in Florida?

Probation is offered in lieu of incarceration. You may receive probation instead of time in jail or prison or be ordered to serve probation once released from jail. This is a trial period where the convicted person is closely monitored and expected to meet certain requirements.

In Florida, the standard rules of probation are outlined under Florida Statutes Section 948.03. A probation violation involves not meeting these terms or conditions, as well as any others outlined by the court:

  • Attending scheduled visits with a probation officer
  • Finding employment
  • Staying within a certain geographical area
  • Submitting to drug/alcohol testing and refraining from using controlled substances
  • Refraining from breaking any new laws
  • Refraining from associating with any known criminals
  • No possession of firearms
  • Fulfilling restitution, paying fines and other conditions related to the crime committed.

If any of these conditions are not met during the set period, a probation violation can be reported to the court and you may be required to return to court for additional sentencing. A warrant for your arrest can be issued and the court can reassess your probation.

What Are the Consequences of Probation Violations?

Each probation violation is handled individually; there is not a set consequence for a violation. However, any probation violation has the potential of periods of incarceration. The court will look at the case and the history of the individual to determine the consequences. The severity of the violation, the original crime and previous infractions by the individual will all be considered. You may only receive a warning, or you could have your probation revoked, leading to incarceration, or the time period of your probation may be extended.

If you have been accused of a probation violation and are facing consequences for your actions, legal representation may help keep you out of jail or prison. Contact our team at Tison Law Group to discuss your case and get the legal advice you need to avoid further penalties.

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