Violating Your Probation in Florida
There are a couple of ways in which you can violate your probation under Florida law. If you have allegedly violated your probation, you are subject to arrest and a warrant is not required in some circumstances, although, warrants are obtained when practicable, and depending on how much information law enforcement officials have. This is something many Tampa residents are not aware of, as the general rule is that a warrant is required before an officer can arrest an individual (aside from driving under the influence and other crimes committed in the presence of a law enforcement official).
One way in which you may be charged with violation of probation is if you have not met a specific requirement of your probation. For example, if you are supposed to submit to monthly drug testing, and you fail to adhere to this condition of your probation, you are at risk for facing jail time. This is considered a technical violation of your probation. Other ways in which you may technically violate your probation include, but are not limited to, failing to attend drug rehabilitation classes, failing to appear at necessary court hearings or other formal proceedings or meetings regarding your probation, failing to maintain employment or search for employment in good faith, and other conduct that may be considered a violation of the terms of your probation.
Another way in which you may be charged with violation of probation is if you are charged with another crime during your probationary period. For example, if you are on probation for a prior drug charge, such as possession of cocaine or another controlled substance, and you are arrested and charged for drug possession again while on probation, you are at risk for facing jail time and other penalties. This is considered a substantive violation of your probation. Other ways in which you may substantively violate your probation include but are not limited to, unlawfully possessing a weapon, driving under the influence of alcohol or drugs, committing assault or battery, selling drugs, and any other crime that, if committed, would be considered a violation of your probation.
Because so much is at stake when facing a violation of probation charge in Florida, the most important step you can take immediately following arrest is to contact a competent and assertive Tampa Criminal Defense Attorney. Many arrested individuals forget that anything they say may be used against them if such statements are made after being read their Miranda rights. It is imperative that you wait for your attorney to arrive before agreeing to speak with police officers following arrest and booking.
Depending on how serious the violation is, it may be possible for you to avoid jail time, however, it is important to remember that jail time may be inevitable for certain crimes, depending on what the terms of your probation are. As such, the sooner you speak with an attorney, the better. Marc A. Joseph, P.A. will use all available resources to keep you out of jail if at all possible given the circumstances of your unique situation.