Violations of probation have a lower standard than new criminal offenses. The State is required to “shock the conscience” of the Court by showing a willful and substantial violation of any of the terms of supervision that surround your supervision. The requirements of probation vary, ranging from administrative probation to reporting probation up to drug offender probation. All of which can carry special conditions that are deemed appropriate when a Defendant actually resolves their case and agreed to a period of supervision. If probation is alleged to have been violated, a warrant will be issued for the probationer’s arrest. That individual will automatically be held without bond on the violation. Our office, will do what is necessary to get the Court to levy a bond, if possible, on your case. The following are the only ways to handle a pending violation: 1) go to a final hearing where the State is forced to prove the violation. (A violation cannot be predicated on hearsay alone); 2) the State agrees to a reinstatement back on to supervision; or 3) probation is revoked and the probationer falls back into Florida’s sentencing guidelines. We do what is necessary to challenge the validity of the warrant for violation, work towards a reinstatement and in certain circumstances, force the state to dismiss the warrant for violation.

If you are charged with a violation of probation or community control one of two things have allegedly occurred:

• You have been charged with committing a “new law offense;” or You are charged with committing a technical violation regarding your supervision. Examples of this are not limited to the following:
  • Violation of curfew
  • Absconding
  • Changing residency without prior approval
  • Testing positive on a drug screen
  • Not wearing your gps monitor
  • Cutting off your gps monitor
  • Violation a no contact order
  • There are many other violations that are not limited to the above referenced list.

If you are charged with a violation you are not automatically entitled to a bond. In fact, you will always be held in the County Jail with a No Bond hold. It is up to your lawyer to then file the appropriate motions requesting a bond and/or some form of pretrial release condition(s).

Violent Offender of Special Concern (VOSC)

-If the alleged violator is on probation or community control for any of the listed offenses OR is on any form of supervision and is charged with a new substantive offense that is listed, that individual is VOSC and shall be held no bond pending a Danger Hearing. If the offender is found NOT to be a danger, then the Court has discretion to levy a bond. If the Court decides that the violator is a danger, and makes an evidentiary finding to that effect, the offender’s supervision shall be revoked and the individual then falls into Florida’s Sentencing Guidelines. If the violation is for failure to pay costs, fines or restitution the offender is entitled to a bond.The enumerated offenses are as follows:

• Kidnapping.
• attempted kidnapping
• false imprisonment of a child under the age of 13
• luring or enticing a child
• Murder
• attempted murder
• attempted felony murder
• manslaughter
• Aggravated battery
• attempted aggravated battery
• Sexual battery
• attempted sexual battery
• Lewd or lascivious battery
• attempted lewd or lascivious battery
• lewd or lascivious molestation
• lewd or lascivious conduct
• lewd or lascivious exhibition or lewd or lascivious exhibition on computer under
• Robbery or attempted robbery
• carjacking or attempted carjacking
• home invasion robbery or attempted home invasion robbery
• Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person
• Sexual performance by a child or attempted sexual performance by a child
• Computer pornography, transmission of child pornography or selling or buying of minors
• Poisoning food or water
• Abuse of a dead human body
• Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony
• Arson or attempted arson
• Aggravated assault
• Aggravated stalking
• Aircraft piracy
• Unlawful throwing, placing, or discharging of a destructive device or bomb
• Treason

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