Many plea deals and sentences involve the placing of a criminal defendant into probation. Probation
imposes terms and conditions, which have to be obeyed until the end of the specified probation period.
Depending on the charged crime in Florida, typical probation terms include:

  •  drug and alcohol treatment,

  •  random screenings for drugs or other substances,

  •  electronic ankle monitoring,

  •  community service,

  •  completion of classes,

  •  meetings with a probation officer,

  •  home confinement,

  •  prohibition from using alcohol,

  •  restrictions on travel, etc.  

Failure to obey the terms of probation can result in violation of probation.  Typical ways of violating
probation include committing a new law violation, failing to pay monetary fines, not reporting to the
probation officer, failing drug and alcohol tests or any other technical violations of the terms of
probation.  Remember you do not have to be arrested to have a violation of probation proceeding
brought against you.  Even a notice o appear (NTA) can be sufficient to violate your probation.  You
can elect to have a revocation hearing where the judge, not a jury, will decide whether you violated the
terms of your probation.  The standard of proof on the state is preponderance of evidence, a lower
standard than the "beyond a reasonable doubt" standard of your typical criminal case. The punishment
for violation of probation in Florida range from termination of probation, community service, monetary
fines, jail time and other severe consequences. Because the standard of proof on the state to prove a
violation of probation is lower than in your typical criminal case, it is critical to hire an attorney to
consult you on the best possible course of action.

Community control is very similar to probation, but it differs in that it requires you to be in house
arrest.  You will not be allowed to leave your house unless it falls within certain exceptions such as
work, school, emergency situations.  You have to meet with your Community Control Officer and you
will also be required to carry a GPS device in your ankle.

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Violation of Probation in Florida
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