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Substantive Probation

Probation is a form of punishment that allows an offender to remain in the community instead of being incarcerated. In Florida, probation is overseen by the Department of Corrections, and probationers are required to follow certain conditions set forth by the court. The lawyers at Hanlon Law are very familar with the ins and outs of Florida’s probation system. We look out for our clients best interest no matter the circumstances and are here to help. 


What is Substantive Probation?



One of the most important conditions of probation is that the probationer must not commit any new criminal offenses. If a probationer violates this condition or any other condition of their probation, they may be charged with a substantive probation violation.


A substantive probation violation occurs when a probationer is accused of committing a new criminal offense while on probation. In Florida, these charges are taken very seriously, and probationers who are found guilty of a substantive probation violation may face severe consequences.


Probation officers are responsible for monitoring probationers to ensure that they are complying with the conditions of their probation. If a probation officer suspects that a probationer has committed a new criminal offense, they will report this to the court.


The court will then hold a hearing to determine whether the probationer has in fact violated their probation. At this hearing, the probationer will have the opportunity to present evidence and argue their case. If the court finds that the probationer has violated their probation, they may be sentenced to additional time on probation, jail time, or even prison time.


Penalties for Substantive Probation Violations 


The consequences of a substantive probation violation depend on a variety of factors, including the severity of the new offense, the probationer's criminal history, and the probationer's overall compliance with the conditions of their probation.


In some cases, a probationer who is found guilty of a substantive probation violation may be sentenced to additional time on probation. During this time, the probationer will be required to follow additional conditions, such as attending counseling or drug treatment programs.


In more serious cases, a probationer who is found guilty of a substantive probation violation may be sentenced to jail time or even prison time. The length of the sentence will depend on the nature of the new offense and the probationer's criminal history.


It's worth noting that probationers who are accused of a substantive probation violation are entitled to due process. This means that they have the right to a fair and impartial hearing, the right to be represented by an attorney, and the right to present evidence and witnesses on their behalf.


Defense Strategies for Substantive Probation Violation Charges 


If you are facing charges for a substantive probation violation in Florida, it's important to take the situation seriously. You should consult with an experienced criminal defense attorney who can help you navigate the legal process and protect your rights.


There are several strategies that an attorney may use to defend against charges of a substantive probation violation. For example, the attorney may argue that the probationer did not actually commit the new offense, or that the probationer did not have the intent to commit the offense.


Another defense strategy may be to argue that the probationer's conduct did not actually violate the conditions of their probation. For example, if a probationer is accused of possessing drugs, but the drugs were not actually in their possession, the attorney may argue that the probationer did not violate their probation.


Ultimately, the key to defending against charges of a substantive probation violation is to work with an experienced and knowledgeable attorney who understands the nuances of Florida law and can develop a strong defense strategy tailored to your unique situation.


Contact a Kissimmee Criminal Defense Attorney 


Substantive probation violation charges in Florida are serious and can have severe consequences. If you are facing these charges, it's important to take the situation seriously and consult with an experienced criminal defense attorney who can help you protect your rights and develop a strong defense strategy. With the right legal representation, you may be able to avoid additional penalties and successfully complete your probation. The lawyers at Hanlon Law are knowledgeable about the fallout of a probation violation and can make the difference between your freedom and years in prison. Contact our attorneys immediately if your probation officer has indicated that you are in violation of one of the terms of your probation. We will investigate the alleged infringement to form a strong defense in your favor. 


If you want to learn more about the consequences and defenses to probation violations in Florida, contact Hanlon Law to schedule a consultation to discuss your charges and hire a Kissimmee-based criminal defense attorney today.

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