Probation Violations (VOP)

When individuals are sentenced to a term of state or county probation, they must report monthly for supervision to either the Florida Department of Corrections for felonies or Professional Probation Services for misdemeanors and some traffic offenses. When one violates probation, the Court must be satisfied that one’s violation was a willful and substantial violation and that the probation was violated in a material way. There are two types of violations of probation and the first is a technical violation wherein one has failed to complete the special terms and conditions of probation as ordered by the Court.

The second type of violation is a substantive violation wherein one has been charged with a new offense, that being a new criminal traffic offense, a new misdemeanor, or a new felony offense. One is entitled to be represented by an attorney for a violation of probation and one is entitled to a trial by a judge on the alleged violation. Since one who is found by the Court to be in violation of probation can be sentenced up to the maximum sentence called for by the substantive underlying offense for which one was originally placed on probation, it is vitally important to consult with an attorney as soon as one is put on notice that he or she has violated probation.