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Violation of Probation (VOP)

Violation of Probation

Probation is governed by Section 948 of Florida Statutes, which in terms govern violations of probation. Probation is often times viewed as a 2nd chance before going to jail.

Once a defendant is put on probation he no longer has the same rights he did before. A probationer is subject to a search of his house, and receives less protection under his right against search and seizure. Also if the probationer is alleged to have violated is probation the judge can easily issue a no bond warrant for his arrest, even on a misdemeanor, and the probationer will not be entitled to a bond.

On a violation of probation the probationer is not entitled to a jury trial. Instead he wishes to challenge the violation of his probation he gets a hearing in front of a judge to determine whether or he violated his probation. If the judge thinks its more likely then not the probationer violated his probation the judge can find the probationer in violation, revoke his probation, and impose any sentence that the judge could have imposed for the original offense. Also the evidentiary rules are relaxed in a violation of probation hearing. For example hearsay is admissible, although hearsay can’t be the sole reason for violating the defendant’s probation.

Defenses to Violation of Probations

If probation is alleging the probationer violation his probation, then probation must issue a sworn affidavit alleging the violation of probation within the time frame of the probationer’s probation. If the affidavit alleges the violation of the probationers probation after the probationary term has expired then it is a defense to the allegations.

Frequent Criminal Charges

ArsonAssault & BatteryBurglary
Check FraudChild Abuse/NeglectConspiracy
Criminal TrafficDomestic ViolenceDrunk Driving (DUI)
FraudPossession of DrugsResisting Arrest & Obstruction
RobberySex Offenses Stalking
TheftTrafficking in DrugsViolation of Probation (VOP)