VIOLATION OF PROBATION
Legal Definition of the Term “Probation” in under Florida Law
The term “Violation of Probation” is often abbreviated as “VOP.” Florida law provides for many different types of probation that all involve some level of supervision with a probation officer. Examples of different types of probation can include:
- violation of misdemeanor or felony probation;
- violation of drug offender probation;
- violation of community control;
- violation of community control II;
- violation of juvenile commitment; or
- violation of juvenile community control imposed as a consequence of a juvenile having been sentenced as an adult.
The Definition of Technical Violations and Substantive Probation Violations
Violations of probation can be divided into two categories: technical violations and substantive violations. Read more about the legal definitions of the terms used in violation of probation cases in Florida.
The term “technical violation” is defined as a violation of a term or condition of the probation that does not involve an allegation that you were arrested or committed a new law violation. Technical violations of probation can include failing to pay restitution, fines or court costs, failing to complete community service, failing a urine test, or failing to meet with your probation officer.
The term “substantive violation” is defined to include any new arrest on a law violation that occurred after you were put on probation including any felony or a misdemeanor criminal offense. In some cases, the probationer will be arrested on a warrant for a crime that allegedly occurred before the person was put on probation which should not be counted as a violation of probation.
How Probation Is Violated
Probation violation laws vary among the states and are governed by federal and state law. Generally, a probation violation occurs when you ignore, avoid, refuse, or otherwise break the terms or conditions of your probation at any time during the probation period. Probation typically runs from one to three years, but may also last for several years depending on the original offense.
Probation may be violated in many different ways. Circumstances that may lead to a probation violation include:
- Not appearing during a scheduled court appearance on a set date and time;
- Not reporting to your probation officer at the scheduled time or place;
- Not paying any required fines or restitution (to victims) as ordered by a court;
- Visiting certain people or places, or traveling out of state without the permission of your probation officer;
- Possessing, using, or selling illegal drugs;
- Committing other crimes or offenses; and
- Getting arrested for another offense, regardless of whether criminal or not.
