Being accused of violating your probation can feel overwhelming. Probation is often seen as a second chance – an opportunity to serve your sentence in the community instead of behind bars. But if the terms of probation aren’t followed, you could face a Violation of Probation (VOP) charge that puts your freedom at risk. This is true for both felony and misdemeanor probation cases in Florida, including those in Sarasota and Manatee counties. In this post, we’ll explain what counts as a probation violation, how Florida law (and local courts) handle VOPs, and what consequences you might face. We’ll also discuss how The Dunn Law Firm approaches VOP defense with skill and compassion, always aiming to get you back to your life as soon as possible.
What Is a Violation of Probation (VOP) in Florida?
Under Florida law, a probation violation occurs when a probationer “willfully and substantially” fails to comply with the terms and conditions of probation . In other words, not every minor slip-up will count – the violation must be important (material) and done knowingly or through neglect, rather than by mere accident. For example, missing an appointment because you intentionally didn’t go is different from missing it due to a genuine emergency. It’s the State’s burden to prove the violation, and they must prove it by the “greater weight of the evidence,” also known as a preponderance of the evidence . This is a lower standard of proof than in a normal criminal trial (which requires proof beyond a reasonable doubt).
It’s important to note that Florida Statutes § 948.06 is the primary law governing probation violations . This statute outlines the procedures for VOPs, including how violations are reported, how arrests are made, and what options a court has when handling a VOP. Essentially, if your probation officer alleges that you violated probation, they will file an affidavit with the court (under § 948.06) and a judge may issue a warrant for your arrest . Once you are brought before the court, you’ll be informed of the charges and can choose to either admit the violation or deny it and fight the allegations in a hearing.
Technical vs. Substantive Violations of Probation
Florida law recognizes two types of probation violations: technical violations and substantive violations . Understanding the difference between these is critical, as it can impact how the court (and your attorney) approaches your case. In simple terms, a technical violation happens when you break the rules of probation, whereas a substantive violation means you’re accused of breaking the law (committing a new offense) while on probation.
Technical Violations
A technical violation is any violation of your probation conditions that is not a new criminal offense. Florida law formally defines a technical violation as an alleged violation that does not involve a new felony, misdemeanor, or criminal traffic offense . In practical terms, these are infractions of the rules set by the court or probation officer. Common examples of technical violations include :
• Failing to report to your probation officer as scheduled
• Missing or skipping a court-ordered class, counseling session, or community service
• Failing an alcohol or drug test (testing positive for substances prohibited by your probation)
• Not paying required fines, court costs, or restitution by the deadline
• Traveling outside the approved area (leaving the county or state) without permission from your probation officer
All of the above are breaches of your probation conditions , but they do not involve new criminal charges. Even so, they are taken seriously by the court. Any technical violation must be willful and substantial – meaning the probation officer (and prosecutor) will try to show you knowingly failed to comply in a significant way, not due to a minor oversight or unavoidable circumstance. For instance, a one-day late payment might not be considered “substantial,” but repeatedly failing to make payments or attend required programs could be.
The good news is that Florida law has been moving toward more leniency for minor technical violations, especially first-time issues. In fact, if you commit a low-risk technical violation for the first time (and you’re not on probation for a very serious offense), the law requires the court to consider modifying or continuing your probation rather than revoking it . We’ll discuss later what “modify” means, but essentially the court might give you an extra chance – for example, extend your probation or add a sanction – instead of throwing you in jail right away. Nonetheless, even a technical VOP can result in your arrest and time in custody while your case is pending, so it’s not something to take lightly.
Substantive Violations
A substantive violation of probation (sometimes called a “new law” violation) occurs when you are accused of committing a new crime while on probation . This could be any new criminal offense – for example, getting arrested for theft, DUI, or any other misdemeanor or felony – or even certain serious traffic offenses. Substantive violations are generally viewed as more severe than technical ones, because they suggest a breach of not just court-imposed rules but the law itself.
If you pick up a new charge while on probation, a judge will likely sign a VOP warrant quickly. In many cases, you’ll be held in jail without bond (especially if it’s a felony) until the probation violation is resolved, because the court sees you as having already been given a chance on supervision. An important thing to understand is that the probation violation process is separate from the new criminal charge. You can actually be found in violation of probation even if the new charge is later dropped or you’re found not guilty of that new offense. This is because the standard of proof at a VOP hearing is lower – the judge only needs to be reasonably satisfied (by a preponderance of evidence) that you committed the offense, not beyond a reasonable doubt . In other words, an acquittal in criminal court doesn’t automatically wipe out the violation, and prosecutors can still try to prove the conduct happened at the VOP hearing .
Substantive violations almost always lead the court to consider revoking your probation. The idea is that if someone commits a new crime on probation, they may not be a good candidate to remain in the community. However, outcomes can vary – for a less serious new offense or a borderline case, a skilled attorney might persuade the court to give you another chance (for example, by extending probation or imposing a short jail stint as a wake-up call). We’ll cover the possible outcomes in a moment, but keep in mind that a substantive VOP means you’re facing both the new charge and the consequences of violating your existing probation.
The VOP Process: What Happens After a Violation Is Alleged?
When a probation officer believes you have violated your probation (whether technical or substantive), they will initiate the VOP process. Here’s an overview of how things typically unfold in Sarasota, Manatee, and throughout Florida:
1. Affidavit and Warrant: The probation officer prepares a violation report/affidavit detailing the alleged violation and submits it to a judge . Based on this affidavit, the judge will usually issue a warrant for your arrest (for a substantive violation, this is virtually certain, and even for technical ones a warrant is common unless your violation is very minor). In felony cases, VOP warrants are often “no bond,” meaning once you’re arrested, you cannot bond out of jail while awaiting the violation hearing. In misdemeanor cases, the judge might set a bond, but often they still require you to appear before the court first. The rationale is that you are already serving a sentence (probation), so you don’t have the same right to bail as someone merely accused of a new crime.
2. Arrest and First Appearance: Once the warrant is active, you can be picked up by law enforcement at any time, or you can turn yourself in (sometimes arranging a surrender with your attorney can be beneficial). After arrest, you’ll go to a first appearance (within 24 hours) where a judge will inform you of the alleged violation . At this stage, if you admit the violation, the court that originally sentenced you can be notified to handle the case quickly . If you deny the violation (which is your right), the first appearance judge will typically keep you in custody or occasionally grant a bond (again, bonds are rare in felony VOPs) . There is no constitutional right to bond in a VOP case , and Florida law even prohibits bond for certain serious offenders or violations (for example, under the Anti-Murder Act, discussed below). In short, expect to remain in jail until your VOP hearing, especially for a felony probation violation.
3. No Jury & Different Rules: A violation of probation does not involve a jury trial. Instead, you will have a hearing in front of a judge of the court that placed you on probation. This hearing is much more informal than a regular trial. In fact, many of the usual protections for defendants aren’t present. For instance, you have no right to a speedy trial for a VOP – the case can take time and that delay won’t automatically help you. You also cannot simply demand a jury – the judge alone will hear the evidence and decide. Perhaps most importantly, the burden of proof is lower: the prosecutor only needs to prove that you more likely than not violated your probation (by a preponderance of evidence) . That’s a significantly easier threshold than “beyond a reasonable doubt.” Additionally, hearsay evidence is admissible in VOP hearings . This means the State can introduce certain evidence or reports that would normally be excluded as hearsay in a trial, though a violation cannot be based solely on hearsay (there must be some direct evidence or witness testimony to support it).
You also should be aware that as a probationer, your Fifth Amendment rights are more limited in this context. You can be called to testify at your VOP hearing, and if you refuse, it might hurt your case. In fact, you can be forced to testify against yourself to answer the court’s questions about whether you complied with probation . (However, anything you say in a VOP hearing generally can’t be used to prosecute the new criminal charge against you – it’s only for the probation matter.)
All these differences make VOP hearings easier for the State to prove than a normal criminal case . The judge often hears from the probation officer and any relevant witnesses (for example, if you’re accused of a new crime, an officer or victim from that case might testify). Your defense attorney can cross-examine these witnesses and present evidence on your behalf – including evidence that the violation was not willful or that you have a valid excuse. You also have the right to present mitigating circumstances (reasons why, even if you messed up, you deserve leniency). After hearing both sides, the judge will decide whether you violated your probation.
4. The Violation of Probation Hearing & Outcomes: At the final VOP hearing, the judge will either find you not in violation (in which case you simply continue on probation as before, with perhaps a stern warning), or find you in violation. If you admit the violation upfront, you won’t have an evidentiary hearing – we’ll go straight to what consequence you’ll face. If you contest it and lose, the result is the same as an admission in terms of next steps: the judge must decide what to do with your probation now.
Florida law gives the court three options once a violation is established (either by your admission or the judge’s finding) :
1. Reinstate your probation – essentially continue probation as before, possibly with no additional punishment. (This is usually if the violation was minor or there are strong mitigating factors. You basically get another chance on probation.)
2. Modify your probation – change the terms of your probation as a penalty or to tighten supervision. For example, the judge might extend the length of your probation, add new conditions (such as more community service, counseling, or a curfew), or even require a short stint in jail as a condition of continuing on probation . The idea is to sanction you for the violation without revoking probation entirely.
3. Revoke your probation – this is the most serious outcome. Revocation means your probation is terminated because of the violation, and now the judge can re-sentence you on the original charge. If probation is revoked, the court is required to adjudicate you guilty of the underlying offense (if it was originally a withhold) and impose a sentence for that crime .
Revocation essentially turns the clock back to when you were originally charged and allows the judge to impose any sentence that was available at that time . This is where the distinction between misdemeanor and felony, and the specifics of your original offense, become very important.
Consequences of a VOP in Florida (Misdemeanor vs. Felony)
If your probation is revoked, the sentencing for your original offense is back on the table. The judge can now impose up to the maximum penalties allowed by law for that offense . The exact consequences will depend on whether you were on probation for a misdemeanor or a felony:
• Misdemeanor VOP: Misdemeanor probation violations are handled in county court. If revoked, you could face up to the maximum jail time for the misdemeanor. For example, a first-degree misdemeanor (like DUI or petit theft) carries up to 1 year in county jail, and a second-degree misdemeanor (like disorderly conduct) carries up to 60 days in jail. Even if you originally avoided conviction or jail through probation, a violation can result in a conviction on your record and immediate jail time (up to those maxima) . The judge might also impose fines if those were an option. However, judges often try to fit the punishment to the violation – for a first-time technical violation on a misdemeanor, the judge might be more inclined to reinstate or modify probation rather than impose the full jail term.
• Felony VOP: Felony probation violations are handled in circuit court, and they carry the risk of state prison time. Upon revocation of a felony probation, the judge can sentence you to any term up to the statutory maximum for the felony offense you originally committed . For instance, if you were on probation for a third-degree felony (maximum 5 years in prison) and you violate, you now face up to 5 years in prison. For a second-degree felony, up to 15 years, and for a first-degree felony, up to 30 years (or even life, if it was a life felony). It doesn’t matter that you were previously given a lighter sentence (probation) – with the probation revoked, the court can treat it as if you are being sentenced anew. That said, the court will consider the circumstances of the violation and your performance on probation before deciding the sentence. Sometimes, even in a felony VOP, a judge might decide to reinstate or modify instead of sending you to prison – especially if the violation was technical and minor. But for substantive violations or repeat violations, prison becomes much more likely.
One thing to be aware of is that you typically won’t get credit for the time you spent on probation if your probation is revoked. (You usually do get credit for any jail time you served on the case before.) Probation is seen as an opportunity; if it’s revoked, the law allows the judge to impose the full sentence as if probation never happened. In some cases, the judge can even impose a new probationary term or community control (house arrest) after a period of incarceration, up to the time remaining on your original sentence.
Special Case – Violent Felony Offenders of Special Concern (Anti-Murder Act): Florida law imposes strict rules for certain individuals on felony probation, known as Violent Felony Offenders of Special Concern (VFOSC). If you fall into this category (generally, people on probation for serious violent crimes or who have a history of violent felonies), the law requires that you be held without bond upon a violation and mandates a very cautious approach by the court . You will have a special hearing to determine if you pose a danger to the community. If the judge finds that you do pose a danger, they must revoke your probation and sentence you up to the statutory maximum for the original offense . In other words, for VFOSCs, the court’s discretion is limited – public safety is the priority by law. If you’re found not to be a danger, the judge can then decide to reinstate or modify, but even then, the nature of the original offense makes courts very hesitant to be lenient. This Anti-Murder Act procedure mainly affects those on probation for violent or sexual felonies (like robbery, aggravated assault, sexual battery, etc.) or those who commit a new violent crime while on probation . The majority of probation cases (especially if your original charge was non-violent) won’t fall under this category, but it’s important to know about if it does apply to you.
At The Dunn Law Firm, we understand that good people can find themselves in tough situations. A probation violation doesn’t mean you’re a bad person or that you deserve the maximum punishment. Often, it means you need help – whether it’s help navigating a misunderstanding with your probation officer, getting into a treatment program to address an issue, or simply having someone tell your side of the story to the judge. Attorney Adam Dunn has experience handling VOP cases in Sarasota and Manatee counties and throughout Florida. Our approach blends formal legal strategy with a compassionate understanding of your situation, because we know what’s at stake: your freedom and your future.
Here’s how we help clients facing VOP charges:
Careful Review of the Violation: Not every alleged violation is open-and-shut. We scrutinize the probation officer’s allegations for any inaccuracies or ambiguities. Remember, the State must prove a willful and substantial violation. We have successfully argued that certain violations were not willful – for example, showing that missed payments were due to genuine inability to pay (and not ignoring the obligation), or that a missed meeting was due to a misunderstanding or lack of transportation. If the violation is debatable, we might decide to fight it in a hearing, forcing the State to prove it. Sometimes the evidence is weak or based mostly on hearsay, and we can get the violation dismissed or beat it in court.
• Technical Violations – Problem Solving: For technical violations, our philosophy is often to solve the problem before you face the judge. If you failed a drug test, we might get you into a treatment program or have you start attending NA/AA meetings to show you’re addressing the issue. If you didn’t complete community service, we’ll advise you to immediately complete as many hours as possible before the hearing. Judges appreciate when defendants take responsibility and corrective action on their own. By the time we go before the court, we can present evidence of your efforts to comply (clean drug test results, completion certificates, payment receipts, etc.). This significantly increases the chance of a favorable outcome – such as reinstating your probation – because it shows the violation won’t happen again.
• Substantive Violations – Managing the New Charge: If your VOP is due to a new arrest, you now have two cases: the VOP and the new criminal charge. Our firm can handle both, or coordinate with your attorney on the new charge, to make sure decisions in one don’t hurt the other. Sometimes, it may be wise to resolve the new charge first (for instance, if we can get the new charge dropped or reduced, it might help in the VOP hearing). Other times, we might handle the VOP first. Every situation is different. Rest assured, we will craft a strategy that considers all angles – such as whether admitting the violation might actually result in a lighter overall sentence, or whether it’s crucial to fight the violation to avoid prison. We also handle communication with the State Attorney’s Office, which in VOP cases can be somewhat more flexible in negotiation since the judge ultimately has broad discretion. In some cases, we can work out an agreement for a specific recommendation (for example, the prosecutor agrees to recommend reinstatement or a certain short jail term in exchange for an admission of the violation). While the judge is not bound by any agreement, such negotiations often set a tone for a more lenient outcome.
• Courtroom Advocacy: When it’s time for your hearing, The Dunn Law Firm will be your voice and shield. VOP hearings can be intimidating – it’s just you, your lawyer, the probation officer, the prosecutor, and the judge in a courtroom. We prepare thoroughly, which means if there’s a hearing, we will have witness testimony or evidence ready as needed (for example, maybe a family member or employer can testify that you have been doing well aside from this hiccup, or we can introduce letters of support, etc.). We make sure the judge hears who you are as a person, not just the fact that “a rule was broken.” If you made a mistake, we frame it in context – perhaps explaining the stress you were under, or how you’ve learned from it and taken steps to address it. Our goal in the courtroom is to humanize you and show that keeping you on probation (or otherwise imposing the mildest consequence) still aligns with justice and public safety.
• Focus on Getting You Back to Your Life: In every VOP case, our priority is to minimize disruption to your life. Probation is supposed to be a second chance; our job is to convince the court that you deserve to keep that chance. Whether that means avoiding jail time altogether or minimizing it, we fight for the outcome that lets you move forward. We know that even a short stint in jail can mean lost jobs, strain on families, and other long-term consequences. Whenever possible, we aim for outcomes like reinstatement of probation, extension of probation in lieu of jail, or entry into diversion programs instead of incarceration. Even in worst-case scenarios (where a judge is intent on revocation and a jail/prison sentence), we work to get you the shortest and fairest sentence possible under the circumstances. And we continue to treat you with dignity and respect throughout the process – our clients often say that having an attorney who actually cares made a huge difference for them during this stressful time.
Facing a VOP can indeed throw your life into turmoil – but you don’t have to face it alone. The Dunn Law Firm is here to guide you, fight for you, and help you make the best of a bad situation.
Get Experienced Help for Your VOP Case
A probation violation charge in Sarasota or Manatee County doesn’t have to derail your life. The stakes are high, but with knowledgeable and compassionate legal counsel, you have options for a second chance. Don’t wait to get help – the sooner your attorney can start working on your case, the better your chances of a positive outcome.
If you or a loved one is dealing with a VOP (whether misdemeanor or felony), contact The Dunn Law Firm today. Call Attorney Adam Dunn directly at 941-866-4352 to discuss your case and schedule a consultation. We’ll review the details, answer your questions, and develop a plan tailored to your situation. Remember, our goal is simple: to resolve your VOP in the best possible way and get you back to your normal life. Let us put our experience to work for you and help you navigate this challenge – your future is too important to leave to chance. Call us now, and let’s take the first step toward putting this probation violation behind you.