In the state of Florida, there are five different types of probation a person convicted of a given crime may be subject to. Which one of probation a given offender is assigned depends on a number of different factors, including the seriousness and nature of the crime, and any remorse shown by the defendant. 

• Standard Supervised Probation is the most basic form of probation and is contingent on continued adherence to the probation terms and regular reporting to their probation officer. Other terms that may be mandated under this type of probation include:
  • Counseling
  • Random drug and alcohol testing
  • Restitution payments 
  • Maintaining gainful employment 
  • Enrollment in an educational program

• Administrative Probation is also known as informal probation, is the most lenient form of probation possible in the state of Florida. Defendants must pay any fines and fees, adhere to the terms of their probation and stay out of further trouble, but there is no mandate to meet regularly with a probation officer. This type of probation is usually used in conjunction with an education program mandate and community service.

• Community Control is the type of probation that most adequately describes stipulations like house arrest, curfews, ankle monitors, and being required to avoid certain places and any convicted criminals.

• Drug Offender Probation is where enrollment and completion of strict drug treatment programs and abstaining from all narcotics is a specific term of probation.

• Sex Offender Probation is where the terms of probation specifically mandated ongoing sex offender treatment and strict oversight by a probation officer. This type of probation will also share terms with community control and mandates specific to sex offenders, like being unable to live in certain areas as well as limiting or banning use of the internet.

In the state of Florida, most probation violations run along several common scenarios:

• New offenses
• Failed Drug Tests
• Failure to complete a substance abuse program as directed
  • In order to revoke probation for this offense, evidence must prove the defendant was responsible for the failure. 
  • Failure to enter and complete drug treatment is not actionable if there was no timetable for completion established.
• Failure to pay court costs, restitution, costs of supervision, fines, costs of drug testing, and other fees is another common basis for violating probation in Florida. 
  • The burden to prove inability to pay lies with the person on probation.
• Acts committed due to mental illness
• An inability to prove willfulness
• Acts committed due to ignorance
• Failure to appear before the court or to report to probation officer

A probation violation can upend months, and even years of hard work to rebuild a life marred by the specter of an act of poor judgment or an offense for which one is truly remorseful. In many cases, the violation has extenuating or mitigating circumstances that can make a violation, and a remanding of the defendant back to jail, a miscarriage of justice. 

Robert Zlatkin has the legal expertise, and deep knowledge of probation of violation statutes that can make the difference between the latitude to continue making strides toward a better life and the deconstruction of lives and families. 

Call Robert Zlatkin, Tampa criminal defense lawyer for legal representation against probation violation charges in Tampa, Florida today.