Violation of Probation

In most situations, the judge can impose any sentence that he could have imposed at the original sentence. If you were put on probation for a felony possession of cocaine charge, the judge “could have” sentenced you anywhere up to 5 years in prison. Therefore, upon a violation of that probation, the judge could give you anywhere up to 5 years prison. Generally speaking, if you turn down an offer of 6 months jail and get on probation, the judge will give you more than 6 months jail upon a violation of probation. The same holds true for prison sentences.

Technical violations involve any misconduct that does not amount to a crime such as dirty urine, leaving the state without permission, changing your home without permission, failing to pay restitution or failing to complete substance abuse classes. Even though the violation appears trivial, many judges see it as an opportunity to put defendants in prison for long periods of time for such trivial misconduct.

The best way to defend a technical violation allegation is to show that it was not a “willful” violation. The judge does not want to punish accidental bad behavior; but only willful behavior that defies or disrespects the rules imposed by the judge. Therefore, you can defeat some technical violations of probation by showing that it was not a “willful” violation; such as (1) You could not complete the drug classes because you were bedridden, (2) You could not pay the restitution because you were destitute and had to borrow money for rent and food or (3) You were asleep when your friend was driving and he left the state without you knowing about it.

Yes, in October of 2020, subsection 2(f) of Florida Statute 948.06 was signed into law by the Governor, which requires reinstatement for a technical violation with no more than an additional 90 days of jail. However, this rule only applies if there is just one technical violation, there has not been a previous violation of probation, and the person does not have a violent record. Even though many judges find ways around this law, it is still helping many people who violate probation.