Violation of Probation Defense in Central Florida

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A violation of probation (VOP) in Florida can result in immediate arrest and serious consequences, including jail or prison. Unlike a new criminal charge, probation violations are handled differently—and the stakes are high.

With over 20 years of criminal defense experience, our firm defends clients accused of violating probation throughout Central Florida. We act quickly to protect your freedom and present the strongest possible defense.

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What Is a Violation of Probation?

 

A violation of probation occurs when you are accused of failing to comply with the terms ordered by the court.

Common violations include:

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• Failing a drug test

• Missing a meeting with your probation officer

• Not completing required classes or community service

• Failing to pay fines or court costs

• Being arrested for a new offense

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Types of Probation Violations

 

Technical Violations

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These involve failing to follow conditions of probation, such as missed appointments or incomplete requirements.

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Substantive Violations

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These involve being accused of committing a new criminal offense while on probation.

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Consequences of a Probation Violation in Florida

 

If the court finds that you violated probation, the judge has broad discretion and may:

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• Revoke your probation

• Sentence you to jail or prison

• Reinstate probation with stricter conditions

You are not entitled to a bond in most violation cases, and you may be held in custody until your hearing.

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Lower Burden of Proof

 

In a violation of probation hearing, the State only needs to prove the violation by the greater weight of the evidence—not beyond a reasonable doubt.

This makes it easier for the prosecution to establish a violation, which is why a strong defense is critical.

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Defending a Violation of Probation

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Lack of Willfulness

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Many violations must be willful and substantial. If you made a genuine effort to comply, this may be a defense.

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Inability to Pay

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If the violation is based on unpaid fines or costs, inability to pay may be a valid defense. The burden is on the State to show that you had the money to pay and willingly chose not to do so.

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Weak or Insufficient Evidence

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The State must still present reliable evidence. Weak or inconsistent proof can be challenged.

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New Charge Defenses

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If the violation is based on a new arrest, defending that charge is critical to the VOP case.

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Why Hiring a VOP Defense Lawyer Matters

 

Violation of probation cases move quickly and can result in immediate incarceration.

Our firm focuses on:

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• Rapid response after arrest

• Preparing mitigation to present to the judge

• Challenging the alleged violation

• Working to avoid jail or reduce penalties

We understand how judges handle these cases locally and use that knowledge to your advantage.

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Violation of Probation FAQs

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Can I be released on bond?

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It's possible. Judges often hold defendants without bond until the violation hearing. In fact, certain categories of probationers are not eligible for bond on a violation if they qualify as a "Violent Offender of Special Concern" (VOSC) pursuant to FL Stat. 948.06.

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If the probationer does not qualify as a VOSC, then we can request bond from the judge. Mr. Greenwald has been successful many times in getting bond for clients with VOPs 

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What happens at a VOP hearing?

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The judge hears evidence and decides whether a violation occurred. There is no jury. The judge decides the evidence by a "preponderance of the evidence"; meaning that the Court need only be convinced that you "more than likely" violated your probation. 

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Can probation be reinstated?

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Yes. The judge can always reinstate probation instead of imposing jail or prison, even after an admission or a finding of violation at a final hearing.

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Speak With a Violation of Probation Lawyer Today

 

If you are accused of violating probation, time is critical. Acting quickly can make a significant difference in the outcome.

Call now for a consultation or fill out our contact form to get started.