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Probation Violation

Probation requirements are often incredibly strict and difficult to follow, and intentionally so: any violations of these requirements can get you sent right back to jail. What’s supposed to be a monitored period to ensure you are properly reintegrating into society after being convicted of a crime can turn into nothing more than jumping through hoops. If you’ve been accused of a probation violation, don’t waste time. Contact Kissimmee defense attorney Will Hanlon at Hanlon Law to schedule a free consultation today. 


What is a Probation Violation?


A probation violation is exactly what it sounds like: committing some kind of violation of your probation agreement. There are two kinds of violations: technical and substantive. 


A technical probation violation occurs when you fail to abide by the requirements and restrictions as outlined by your probation. The most common technical violations involve failing to report to your probation officer on time or regularly, or failing to update your probation officer if you leave the state, get a new job, etc. 


However, probation also often comes with certain restrictions you must obey; for example, you may not be allowed to leave the state during your probation. If you do so, you would be charged with a technical probation violation. The specific restrictions and requirements of your probation will be outlined in the court order, and you’ll be given a copy of this. It’s important to read through the document fully to ensure you understand everything you are expected to do and everything you may not do, to avoid accidentally committing a technical violation. 


On the other hand, we have substantive violations. These violations occur when a new, separate offense is committed during the probationary period of another offense. Essentially, if you commit a crime while on probation, even if that crime has nothing to do with the reason why you’re on probation, you’ve committed a substantive probation violation. 


What Are the Consequences of Violating Probation?


Violating probation is a serious offense, and the consequences depend on the circumstances of the violation, as well as whether it was substantive or technical. 


Technical violations may not be punished as severely as substantive, as they are oftentimes committed accidentally and do not occur habitually. For example, if you miss a scheduled meeting with your probation officer and didn’t call ahead of time to inform them, you could be charged with a technical violation. However, if you later explain to your probation officer that you just overslept, apologize, and reschedule the meeting, you aren’t likely to see any significant consequences. 


However, if you consistently fail to show for these check-ins, or otherwise show a disregard for the restrictions and requirements of your probation, you won’t get off so easily. You may face enhanced restrictions and requirements for the duration of your probationary period, and depending on the circumstances and the severity of the violations, you may even see your probation revoked entirely. This would mean that you have to return to prison to serve the full sentence.


Substantive violations, on the other hand, almost always lead to severe consequences. Generally speaking, if you commit a substantive violation, your probation will most likely be revoked, and you will be sent back to prison to serve your original full sentence, along with any other sentencing associated with the new crime. 


Kissimmee Criminal Defense Lawyers 


Probation is considered a privilege in Florida, and it can be taken away for failing to follow the rules or committing another crime. While technical probation violations may not seem like a big deal, they can add up over time, and eventually result in you facing further prison time. It’s vital to have an experienced Kissimmee defense attorney on your side to help you fight such accusations. At Hanlon Law, we’re ready and waiting to fight for you. Will Hanlon has been advocating for the rights of the accused for the last 20 years, and we’ll 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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