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VIOLATION OF PROBATION? MAYBE NOT…
If you were ever put on probation as a part of a disposition in a criminal case, and you were arrested for a violation, you MUST remember, and sometimes the State NEED BE REMINDED, that the violation MUST be “willful AND substantial” to violate probation.
For example:
Violated for failure to pay? The courts have demanded that before revoking probation for failure to pay a monetary obligation that is a part of probation, the State must show you had the ability to pay AND you willfully refused to pay. Giambrone v. State, 109 So. 3d 1279 (1st DCA 2013).
Violated for a traffic ticket? Unless your order of probation contained a written provision defining civil traffic offenses as a new law violation, your probation cannot be revoked. Walker v. State, 120 So. 3d 96 (Fla 4th DCA 2013)
Even if you have been arrested for a violation of probation there are alternatives to revoking probation and being sentenced to jail. With the proper argument, mitigation, and presentation of your case you could be continued on probation with your original terms or continued on a modified probation.
Call now 904-353-0436. Violation of Probation warrants often has no bond so time is a premium that cannot be wasted.
It is also important to remember that if you are eligible for early termination of probation you should strive to complete all conditions and have the probation terminated. First, because you remove the hammer(State’s leverage of possible jail time) from over your head, and Second because you cannot petition to seal or expunge your record until 6 months after your probation has terminated.
