Tampa VOP Attorney

Tampa Violation of Probation Lawyer

An individual who violates their probation in Florida can be sentenced to jail or prison for up to the maximum statutory term allowed for the underlying crime they were placed on probation for. Adding to the gravity of the situation, violation of probation charges are particularly challenging to defend because of the lower burden of proof and more lenient rules of evidence. Given these stakes, it is imperative that you consult a Tampa violation of probation attorney as soon as possible to protect your rights and safeguard your future.

What Happens When You Violate Probation?

The Violation of Probation (VOP) process typically begins with a probation officer discovering a violation and submitting an Affidavit of Violation of Probation to the court, detailing the specific grounds and circumstances of the alleged violation. The officer also submits a violation report and usually requests that the court issue an arrest warrant. This arrest warrant directs that the probationer be held in custody usually without bond, pending their appearance at a VOP court hearing.

VOP Arrest Warrants and Bond

While probation officers may opt to request a “notice to appear” instead of an arrest warrant, the ultimate decision rests squarely with the judge. Even if a probation officer makes such a request, it is the judge who has the final authority to determine whether to follow that recommendation or issue an arrest warrant.

Once the violation of probation arrest warrant is issued and the probationer is eventually taken into custody, the matter of bond becomes pertinent. Although judges have the authority to set bond in VOP cases, they rarely exercise this discretion—bonds are seldom set for misdemeanor VOP charges and are almost never set for felony VOP charges.

Types of Probation Violations

1. Technical Violations: Technical violations typically include failing to report to probation or attend specified appointments, failing to pay fines and costs, and testing positive for narcotics or other prohibited substances.
2. Substantive Violations: Substantive violations occur when a defendant already on probation gets arrested or accused of committing a new misdemeanor or felony offense. This is also known as committing a “new law violation.” ​

Probation Revocation Hearings

When an individual is accused of violating their probation, they do not have the right to a jury trial. Instead, they may request a probation revocation hearing before a judge. At this hearing, the prosecutor is tasked with the burden of proving a willful and substantial violation of the terms of the probation by a preponderance of the evidence. See Smith v. State, 788 So.2d 1131, 1132 (Fla. 2d DCA 2001). This means that the prosecutor must demonstrate it is “more likely than not” that the probationer is guilty of a violation—a much lower standard than the “beyond reasonable doubt” standard used in criminal trials.

Hearsay and Self-Incrimination in VOP Hearings

Hearsay evidence may be used against the probationer in VOP hearings, but it cannot be the sole basis for revocation. While hearsay is generally not admissible in regular criminal trials, probation revocation hearings permit such evidence under certain conditions. Florida courts have held that, unlike criminal trials, probation revocation hearings are considered informal proceedings tasked with the purpose of satisfying the conscience of the court as to whether a violation of probation has occurred. Purvis v. State, 420 So. 2d 389 (Fla. 1st DCA 1982) (citing Brill v. State, 32 So.2d 607 (1947)). Thus, the rules of evidence are relaxed, and hearsay evidence may be admitted and considered by the court. Purvis, 420 So. 2d at 390. The only limitation is that hearsay cannot be the sole basis for revoking probation. Id.

In addition to the admissibility of hearsay evidence, a probationer can be compelled to testify against themselves. Given these relaxed standards and the high stakes, a skilled Tampa violation of probation attorney is essential to navigate this daunting process and protect the probationer’s rights.

Key Aspects of VOP Hearings

• No right to a jury trial: Decisions are made solely by a judge.
• No statute of limitations: Actions can be brought at any time during the probation period.
• No right to bond: Probationers may be held in custody.
• Hearsay is permissible: Hearsay can be used against the probationer, with certain exceptions.
• Compulsory testimony: Probationers may be required to testify against themselves.

Consequences of Violating Probation

In the unfortunate event that a probationer is found guilty of violating their probation, the judge can sentence them up to the maximum term imposed by the underlying crime they were originally accused of. For instance, consider a probationer charged with grand theft, a third-degree felony with a maximum prison sentence of five years. If they were placed on probation for eighteen months but then found in violation under egregious circumstances—such as committing a new felony similar to the original charge—the judge could revoke their probation. This could result in the probationer being sentenced to serve up to the full five years, with credit for any time already served. Such outcomes are typically reserved for severe violations that reflect a clear disregard for legal obligations or pose a significant risk to public safety.

Modification and Reinstatement of Probation

In addition to revocation, the judge also has the discretion to modify and reinstate the defendant’s probation depending on the circumstances. For example, if a probationer has a relatively minor technical violation but has otherwise adhered to all probation conditions and demonstrated positive community involvement, the judge might choose to modify and reinstate their probation rather than revoke it entirely. Such modifications typically involve adding new conditions or strengthening existing ones to ensure better compliance and support the probationer’s rehabilitation. For a probationer who failed a drug test, this could include increasing the frequency of drug testing, mandating attendance at Alcoholics Anonymous or Narcotics Anonymous meetings, or implementing other supportive measures designed to prevent future violations and aid their recovery.

Assessing All the Factors in VOP Sentencing

When deciding an appropriate sentence, judges often take into consideration a multitude of factors, including the seriousness of the original offense, the nature and egregiousness of the violation, the probationer’s criminal history, any mitigating factors, and the recommendations of both the probation officer and the state attorney. A skilled violation of probation attorney can assist in presenting these factors to the court in a positive light, advocating for outcomes that best support the probationer’s rehabilitation and legal interests.

Tampa VOP Attorney

If you have been accused of violating your probation, it is important to seek the advice of an experienced violation of probation attorney. An attorney may be able to secure your release from custody while your VOP case is pending. Further, an experienced Tampa violation of probation attorney can often help you present mitigating factors to the court and negotiate a more lenient sentence.

Frequently Asked Questions

The frequently asked questions below address common concerns regarding violation of probation charges in Florida.

Contact a Tampa Violation of Probation Attorney

Attorney William B. Wynne is an experienced and aggressive Tampa violation of probation attorney. Consultations are free of charge, and we offer payment plans to those who qualify. Contact us today for your free consultation.