An individual who has been placed on probation may not realize how difficult it is to abide by the terms of probation. Probation or community control is generally offered as an alternative to spending time in jail or prison for individuals who plead guilty or nolo contendere (no contest) to the charges against them.
Unfortunately, a violation of probation (VOP) can result in serious repercussions and consequences. For example, an alleged probation offender may be required to serve the entire underlying sentence in jail or prison, their entire probation may be revoked, or they may be charged with an additional criminal offense.
If you have been accused of violating the terms of your probation throughout the Florida Panhandle, it is important to contact an experienced criminal defense lawyer who can represent you at your probation violation hearing and make every effort to have your probation reinstated or modified to better suit your needs.
Contact Adkinson Law Firm, LLC for a free, confidential consultation if you allegedly violated your probation anywhere in the Florida Panhandle. Our firm represents clients in such areas as Crestview, Destin, Fort Walton Beach, Milton, Navarre, South Walton, Pensacola and Panama City.
The attorneys of Adkinson Law Firm, LLC are experienced in defending probation violations and will make every effort to help you achieve the most desirable outcome for your particular situation. Contact Adkinson Law Firm, LLC for a free consultation today at if you have been charged with a probation violation throughout Destin and South Walton.
According to Fla. Stat. § 948.001, probation is defined as a form of supervision program that requires the alleged offender to complete certain requirements and conditions. They must also meet with a probation officer on a regular basis to ensure they are in compliance with the probation requirements.
If the alleged offender fails to complete one of these terms in a timely manner or commits a new criminal offense, they can be charged with violating their probation and warrant can be issued for their arrest. Individuals who have committed capital felony offenses are not permitted to be released on probation, but most other criminal offenders are eligible for probation.
Community control, also known as house arrest, is similar to probation. It is also a form of community supervision that requires the alleged offender to be placed in a home where they are supervised by a law enforcement officer, such as a halfway house. An individual that is on community control is also required to abide by certain terms and conditions to the release, and are typically very strict as offenders that would not normally be permitted to be released on probation can be released to community control.
After an individual has been accused of violating the terms of their probation, they are entitled to a hearing in front of a judge, who is generally the same judge that sentenced them to probation for their underlying offense.
At the hearing, the judge will listen to witnesses and evidence to determine if there is proof the violation occurred. The burden of proof at a probation violation hearing is by a preponderance of the evidence, where the evidence only has to indicate the violation more than likely occurred. This is a much lower burden of proof and much easier for the prosecutor to show that the standard of proof in a typical criminal case, which is beyond a reasonable doubt.
Since the hearing is for a violation of probation to an underlying offense, the alleged offender is not entitled to have a jury. However, they can present evidence and evidence showing they did not commit the violation or explain why the violation occurred.
Additionally, probation violations do not have any statute of limitations, so they can be prosecuted at any time and an alleged probation violation will probably not be permitted to be released on bond or bail while they await their hearing for the violation. Therefore, it is very important to immediately contact a Florida Panhandle criminal defense lawyer if you have been accused of violating your probation since many typical legal protections are not provided for a defendant in violation of probation case.
According to Fla. Stat. § 948.03, possible probation and community control terms and requirements are:
Probation requirements and conditions are different for every individual and can vary depending on the offense the individual allegedly committed, whether they had any previous criminal history, and/or what the judge believes is fair for the individual’s probation.
If the judge determines the alleged offender has violated the terms to their probation, they could face severe consequences and punishments. These penalties can include, but are not limited to, any of the following:
Although these penalties are severe and are possible for any probation violator, it is important to speak to an experienced criminal defense attorney, as they may be able to persuade the judge to modify or reinstate the terms of your probation.
Florida Association of Community Corrections (FACC) – This organization was created for the development and promotion of more effective probation programs. The FACC focuses on various community corrections areas, including residential programs, substance abuse programs, and diversion programs. The Okaloosa County program is located at:Judicial Correction Services
Florida Statues – Probation and Community Control – Probation, community supervision, and community control are defined in Chapter 948 of the Florida Statutes. This chapter also lists possible probation requirements and defines possible penalties for probation violations.
Florida Department of Corrections – This law enforcement department supervises alleged criminal offenders, enforces probation requirements and assists offenders enter society upon their release from probation or parole. The Defuniak office is located at:2338 Hwy 90 West
If you have been accused of violating the terms of your probation throughout the Florida Panhandle, it is in your best interest to have skilled legal representation. Adkinson Law Firm, LLC represents clients all over Okaloosa County, Santa Rosa County, Bay County, Walton County, Holmes County, Washington County and Escambia County.
Clay Adkinson of Adkinson Law Firm, LLC is an aggressive DeFuniak Springs criminal defense attorney who will make every effort to have your probation reinstated or modified. Contact Adkinson Law Firm, LLC today for a free consultation at or send an online message about your alleged violation of probation.