Florida Violation of Probation Attorney
Violation of Probation (VOP)
Violation of Probation (VOP) defined by Florida Statute 948.06 is when a defendant willfully and substantially fails to comply with the terms and conditions of his or her probation sentence.
Some offenders are sentenced to probation in lieu of jail. Their probation requires that certain conditions be met by deadlines and that they refrain from committing new criminal acts. If the probationer fails to do so, their probation will be violated. Unlike the vast constitutional rights they enjoyed in their original case, they will quickly realize why a violation of probation is sometimes known as “prosecutor’s revenge.”
Some conditions of probation include:
- A curfew
- The completion of an alcohol or drug treatment program
- Professional requirements and/or limitations
- Other terms
The VOP case commences when the probation officer files an affidavit for VOP. They will also have a VOP warrant issued for the probationer’s arrest.
The police will often execute the warrant at their residence or place of business and the offender will be taken to jail. The offender will not be entitled to a bond on a VOP. They will typically remain in jail until the resolution of their case.
Types of Probation
According to Florida Statute 948.001, there are different types of probation.
- Administrative probation – supervision that does not require contact or reporting, in the case the offender does not pose a significant threat to the community.
- Supervised probation – supervision which requires reporting to a probation officer at specified times and other standardized and special conditions.
- Community control – a form of rigorous, controlled custody within a community that is reviewed by an administrative officer. In the case of community control, the offender has been isolated to a community or residential space that maintains strict guidelines and operates under sanctions.
- Drug offender probation – supervision during which drug offenders are treated based on rehab plans provided by administrative officers.
- Mental health probation – probation that combines mental health treatment and plans tailored to the individual. In this case, the offender will receive strict treatment related to a variety of mental health problems and receive prescription medications as needed.
- Sex offender probation/sex offender community control – supervision that may include forms of electronic monitoring and requires the treatment and conditioning of registered sex offenders. Supervisors of the sex offenders must ensure they follow the treatment plans and take part in polygraph testing and other forms of close monitoring as required by law.
There is no constitutional right to a jury in a VOP hearing. Furthermore, the State is not required to prove the VOP beyond a reasonable doubt. They need only show a willful and substantial violation by a greater weight of the evidence. Additionally, hearsay is admissible at a VOP hearing.
It is clear from the above that a VOP is not a pleasant situation. A VOP is relatively simple for the State to prove in most cases. Plus, the offender is exposed to the maximum penalty in the original case. It is important to act quickly in these situations to ensure the offender does not spend any more time in jail than necessary.
Orlando VOP Attorney
Despite not having a constitutional right to a bond, experienced criminal defense Attorney Brandon Gans will argue the reasons why an individual should be released pending the VOP hearing. Attorney Brandon Gans has handled countless VOP cases in Central Florida and fights vigorously to protect his clients against a system that is against them.