In Florida, when a person is charged with a crime that can lead to incarceration, being given probation can be seen as a lifeline. Instead of sending the offender to prison, they can get rehabilitative services and avoid the long-term challenges and the stigma that accompanies having been incarcerated.
Among the positives are being able to remain in society, go to school, receive training, work, maintain their familial connection, have state-sponsored support with getting on the right track, have the chance to clear their record, and be in a better financial situation than they would otherwise be.
Still, there are challenges that can arise while on probation. If they violate probation, it is essential to have a grasp of the law and know how to combat the potential consequences of the alleged misstep. Being prepared and having guidance is essential.
Probation and community control violations can be navigated
When a person is given probation, they are expected to adhere to the terms. If they do not, they could face a modification or a revocation. Some reasons for a probation violation include committing another crime, failing a drug test, or not meeting with their probation officer when they are obligated to do so without a reasonable excuse.
There are different levels to probation violations. The positive drug or alcohol test, not seeing the probation officer, not informing the state of a new address, not going to treatment sessions, and violating curfew are examples of “low risk” violations. That means they are not so severe that the person will immediately be incarcerated. It is more of a warning that they are in jeopardy.
“Moderate risk” violations include the above violations and others when the person is under community control, meaning they are under house arrest. There are different conditions if they are categorized as moderate risk. Committing several violations or failing to adhere to the terms of their house arrest could lead to an arrest.
In short, there are severe violations like committing new crimes whether they are misdemeanors of felonies, and there are technical violations like missing an appointment or failing a drug test. In some cases, they will be arrested immediately. In others, they might need to attend a hearing to see if their probation will be revoked. The person will need to have an explanation for their behavior.
If probation is revoked, they could be obligated to serve the penalty they avoided for the conviction when they were given probation or community control. The terms of probation could be changed with an extension of how they will last or increased requirements.
People accused of probation violations need to be protected
A probation violation can sabotage a person’s future and lead to them being penalized for the initial crime and possibly for the latest infraction. There will be a violation hearing where the person’s future is left in the hands of the judge. The results can vary depending on myriad factors.
However, there are steps that the person can take to try and reach a positive result. Showing evidence regarding the alleged violation, knowing legal rights, discussing the matter with the probation officer, continuing to follow the requirements of probation, and having legal assistance are all crucial. Having help is critical to address the problems that can come from alleged probation violations.