Probation in Florida
Orlando Probation Lawyer
Probation is one of several special supervision programs that can be used by the judge as an alternative to incarceration in which an offender, the probationer, is monitored and ordered to follow certain special conditions set forth by the court.
An advantage of being placed on probation is that the judge has the option of withholding adjudication of guilt (as opposed to adjudicating you guilty of the offense), which would mean you are not actually “convicted” of the crime charged. As so, you might be able to seal your case later on. Also, probation allows a probationer to continue functioning within the community, with certain restrictions, and under the supervision of a Probation Officer.
The probation conditions and probation term imposed by the judge that must be satisfied by the offender will depend on many factors such as the nature of crime committed and the criminal background of the offender.
Probation conditions in Florida may be classified as general and special conditions, and they may include, but are not limited to:
General Florida Probation Conditions:
- Complying with Probation / Parole Department Rules & Regulations
- Report regularly (usually once a month) to the probation officer and obey his/her orders
- Live at a designated place
- May not travel out of the jurisdiction without the permission of the probation officer
- Submit to alcohol and/or drug testing either pre-programmed or random
- May not possess any firearms or weapons
- Do not violate any state or federal laws while on probation
- Do not consume any illegal drugs or drink to excess
Special Probation Conditions in Florida:
- Pay economic sanctions such as fines/costs, restitution and supervision fees
- Enter or attend treatment and/or counseling sessions
- Refrain from consuming and/or possession of alcoholic beverages
- Abide by a curfew
- Community service
- Refrain from contact with the victims or known criminals especially other co-defendants
- Maintain employment
Other supervision programs, as defined by Florida Statutes are:
- Administrative probation
- Community control, Level I (involves an ankle monitor)
- Community control, Level II
- Drug offender probation
- Community residential drug punishment center
- Sex offender probation
Florida probationers that have complied with all the probation conditions without violating the probation agreement and have completed at least half of your probation term, may file a Motion for Early Termination of Probation. Some judges allow you to request early termination of probation before half has been completed.
If you do not comply with all your probation terms and conditions you may be found in Violation of Probation (VOP), which has harsh consequences under Florida Law in that the judge can sentence you up to the maximum sentence you would have faced on the original charge.
Suggestions to successfully complete your probation:
- Follow the rules and regulations of your Probation Agreement
- Report to your Probation Officer as scheduled and maintain good communication with him/her
- Pay your economic sanctions (Note: you can not be found in willful violation of your probation for an inability to pay your costs or restitution, though you would have to be able to show that you do not have the financial ability to pay)
- If you cannot comply with any of the terms, including payments, talk to your Probation Offices.
- Keep detailed records of all your records, visits, and of any payments made (keep copies of your money orders), etc.
- Remain arrest free.
Contact the Law Firm of David Hill in Orlando, Florida
AV rated Defense Lawyer David Hill has defended many clients in Orlando, Central Florida and across the State of Florida from violation of probation charges in his 20 years as a criminal defense lawyer. If you or someone you care about have violated, or think that might be charged with violation of probation, contact our law firm immediately. We have a 24-hour emergency answering service at (407) 648-0006. You may also fill out our online form or send us an email at email@example.com. We offer a free initial consultation and keep all your information under the strictest confidentiality.