When facing potential jail time, most defendants prefer to be placed on probation instead of going to jail. Probation comes with many stipulations that many defendants fail to consider. Before accepting an offer of probation, consider the following: 

Florida Statute §948.06 states that a probation violation can occur if the court believes that you have willfully and substantially violated the terms of your probation. Probation comes with terms and conditions set by the court, and they are expected to be followed by the defendant. This “contract” runs its course on thin ice with no room for error. A defendant should consider probation a contract between himself and the court for self-management. 

Probation can be violated in numerous ways. Some of the common violations are :

  • Missing a court or probation meeting 
  • Failing to pay fines or restitution
  • Crossing state lines without permission 
  • Committing a new crime 
  • Failing a drug/alcohol test.

The burden of proof at a violation of probation hearing is relatively low. Unlike most crimes that must be proven beyond a reasonable doubt, such a high threshold does not apply in VOP hearings. The burden of proof applied at a VOP hearing is a preponderance of the evidence which applies a “more likely than not” analysis. A lower burden of proof can result in more convictions. 

Unlike most criminal trials, hearsay evidence can meet the burden of proof. Hearsay is an out-of-court statement used to prove the truth of the matter asserted. The reason why hearsay evidence can be harmful at a VOP hearing is that hearsay can introduce information that is not obtained through personal knowledge or personal observation. 

It is important to remember that under Florida Statute §948.06, you have no right to a jury trial at a VOP hearing. Although the United States Constitution and Article I Section 22 of the Florida Constitution provide all persons with a Sixth Amendment right to a trial by jury in all criminal proceedings, a VOP hearing does not fall under the umbrella of criminal proceedings. 

There is no right to a bond while waiting for the VOP hearing. Lastly, probation violations must be handled promptly because the matter will not resolve itself. Probation violations carry no statute of limitations. 

The judge will decide the outcome once the violation is set for a hearing. The best result usually is to have the probation reinstated. Other outcomes are probable such as a modification of the probation or a total revocation. It is essential to evaluate all of the above factors before accepting an offer of probation as a resolution to your criminal case. 

If you find yourself violating your probation, call experienced criminal defense attorney Brandon Gans now for a free case evaluation.

Firm Overview

Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

Learn More

Case Results

Our Reviews

Serving all of central Florida









Resisting Arrest With and Without Violence in Florida

Whenever you encounter law enforcement and they go to arrest you, it is never a good idea to resist them as you can get into more trouble. If you resist arrest with violence, you’ll face even higher penalties.   Resisting Without Violence According to Florida Statute...

Florida Traffic Tickets and Your Driving Record

When you get pulled over for a moving violation, you may wonder what is going to happen to your driving record. Is it something that prospective employers can see? If you decide to fight a traffic ticket, either by taking it to court yourself or hiring an attorney,...

Misdemeanors and Felony Charges in Florida

Felonies and Misdemeanors differ in both the severity of the crime and of the penalties. Misdemeanors tend to be less severe crimes, so the punishments for these crimes tend to be lesser. The fines are relatively small, and you can only be held in jail for up to a...

What is the Penalty for First-Time DUI in Florida?

Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol.  A DUI conviction in Florida comes with...

What is Disorderly Conduct?

In Florida, disorderly conduct is any behavior that disrupts a public space. Some common examples include making excessively loud noise, drunk and disorderly behavior, and fighting in the street. Florida Statute 877.03 defines disorderly conduct as acts that are of a...

Can You Lose Your License for Leaving the Scene of an Accident?

Under Florida law, it is a criminal offense for leaving the scene of an accident. Florida Statute 316.061 states that leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to...

New Florida Law: Playing Loud or Excessive Music

On July 1, 2022, a Florida law went into effect that prohibits excessive music and other sounds from being played inside the vehicle. According to Florida Statute 316.3045, it is unlawful for any person operating or occupying a motor vehicle on a street or highway to...

What’s the Difference Between Assault & Battery in Florida?

Although assault and battery offenses in Florida are similar and are discussed together, they are two distinct criminal offenses. In Florida, the main difference between assault and battery is the absence or presence of physical contact. Assault is a verbal or...

What are Ignition Interlock Devices?

An ignition interlock device (IID) is a car breathalyzer that prevents drivers from starting their car until they blow into the device. In Florida, these are required for certain driving under the influence (DUI) convictions.  An ignition interlock device is a proper...

What are the benefits of having your record expunged?

If you have ever been arrested in Florida, whether or not the charges were dropped or a jury found you “Not Guilty,” your arrest is still public record. To prevent anyone from viewing your criminal record, you would want to look into having it sealed or expunged.  Not...

News & Posts



Orlando, FL

711 N. Orlando Ave. Suite 302B, Maitland, FL 32751

Hours: By Appointment Only

Clearwater, FL

8200 Bryan Dairy Road Suite 340
Largo, FL 33777

Hours: By Appointment Only


Send Us a Message!

More Contact Info

// // "UPixel" code from roger@printingwarehouses.com //