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Probation Violation

Probation requirements are strict and intentionally hard to follow. What’s meant to be a period of supervision to ensure you integrate into society after serving time is often used as a means to get more bodies back in for-profit prisons. Don’t let yourself get caught in the red tape; contact Hanlon Law today if you’ve been accused of a probation violation to schedule a free consultation. 


What is a Probation Violation?


Probation is often thought of as a sentence, similar to prison, but it’s actually an agreement between you and relevant authority. Basically, you agree to abide by certain requirements and behaviors, and in turn, you don’t have to be in prison. A probation violation, then, occurs when you do something that goes against this agreement. 


There are two kinds of violations: technical and substantive. 


Technical probation violations occur when you fail to abide by a specific requirement or restriction as set by your probation. Common technical violations include things like failing to report to your probation officer on time or not updating your probation officer if you leave the state, get a new job, etc. 


The list of restrictions and requirements can be long and detailed, which is why it’s important to know them all. The court will present you with a copy of your probation agreement, which you should read in full to avoid accidentally committing a technical violation. 


Substantive violations, on the other hand, occur when you commit a new, separate offense while on probation. Basically, if you commit a crime while on probation that has nothing to do with the reasons you’re on probation in the first place, you’ve committed a substantive probation violation. 


What Are the Consequences of Probation Violations?


Violating your probation agreement is a serious offense. You may face additional restrictions or additional probation time, or even be sent to jail. The specific consequences of your violation depend on the circumstances of the violation, as well as whether it was substantive or technical. 


Technical violations are good candidates for a less severe punishment, as they can easily be committed by accident. For example, say you miss a scheduled meeting with your probation officer, and you were unable to call ahead of time to let them know. He or she might report the failed meeting, which could lead to a technical probation violation charge. But, say you contact your probation officer shortly after the missed meeting to explain the circumstances that caused you to miss the appointment. You apologize and reschedule for another time, and you do make it to the rescheduled meeting. You would probably see some leniency from your probation officer in this kind of situation, especially if it’s a first offense. 


However, repeated technical violations will definitely lead to more severe consequences. If you fail to show up for your check-ins more than once, or show any kind of consistent disregard for the restrictions and requirements of your probation, you could face enhanced restrictions and requirements for your probationary, or even see it revoked entirely. This would mean you’d have to return to prison to serve the full sentence.


On the other hand, substantive violations almost always lead to severe consequences, with little grace granted for first offenses. Depending on the crime you commit while on probation, you will likely see your probation revoked and will have to return to jail to serve out your original sentence, along with any other sentencing associated with the new crime. This compounded sentencing can lead to significant jail time and fines. 


Lakeland Criminal Defense Lawyers 


Despite how frustrating it can be, probation is first and foremost a privilege in the state of Florida – it’s not a right. That means it can be taken away if you don’t abide by the rules, or if you commit another crime while on probation. Even technical violations can add up over time and eventually lead to you facing further prison time. That’s why it’s so important to have an experienced Kissimmee defense attorney on your side to help you fight such accusations. 


Will Hanlon with Hanlon Law has nearly 20 years of experience in the courtroom. Our legal team will do everything in our power to help you secure the best possible outcome. If you’re on probation and have been accused of a violation, don’t wait. Contact Will Hanlon at Hanlon Law today to schedule a free consultation.

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