Probation Violation

Get The Legal Help You Need

Make An Appointment

Probation Violation

Probation violation is an offense that occurs when you break the terms or conditions of your probation. The consequences associated with probation violation usually depend on a variety of factors, such as the nature and seriousness of the violation, whether you have any prior violations, and whether there are other circumstances that may lessen (or worsen) the severity of the situation. A probation violation may result in significant penalties, such as heavy fines, extended probation, jail time, or more.

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 restitutions (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.
  • When Probation Is Violated — What Happens Next?

Warning Or Request To Appear In Court

There is no set rule as to what happens immediately after a probation violation is reported. Probation officers have broad discretion to issue a warning, or require you to appear in court for a probation violation hearing. In deciding, a probation officer may consider the severity and type of condition violated, past probation violations or warnings, and other considerations. If you are requested to appear in court, the probation officer will request some form of penalty, which may potentially include jail time.

Determination Of Probation Violation

During a probation hearing, a sentencing judge will hear your case to consider whether you violated any terms or conditions of your probation. The prosecuting attorney will need to prove a violation occurred by a “preponderance of the evidence” standard, or by a likelihood of more than 50 percent. Factors a judge might consider include the nature, type, and seriousness of the violation claimed, as well as a history of prior probation violations and other aggregating or mitigating circumstances.

Sentencing

If you are found guilty of probation violation, sentencing will occur shortly after the probation hearing, at which time the court may extend your probation, impose additional probation terms, order you serve a brief time in jail, or revoke your probation altogether and require you to serve out any remaining time of your original sentence in prison. Factors a judge may consider in determining your sentence may include the nature and manner of the offense and whether the offender was a “first-time” or “repeat” offender, among others considerations.

Legal Rights At A Probation Hearing

If you are facing probation violation charges, it is important to know your legal rights to minimize or avoid additional penalties and consequences. Generally, you have the right to:

  1. Receive written notice of the claimed violations against you,
  2. Be heard by a neutral judge in court,
  3. Attorney representation, and
  4. To present evidence and witnesses to support your case, or refute evidence against you.

A local attorney or other expert legal adviser can help you understand the rights available to you at a probation hearing in your particular state.

Penalties And Punishment For Violating Probation

Judges have broad discretion to impose jail sentences or other penalties for probation violations, subject to the maximum limits of a particular state statute. Some of the lighter penalties for violating your probation include having to perform community service, attend rehabilitation, “boot camp” or other programs aimed at correcting the behavior. Other, more serious, penalties include having to pay large fines or restitutions (monetary fines to victims), or having to serve a brief time in jail. The judge may also revoke your probation altogether and require you to serve the remaining terms of your original sentence in prison.

Conclusion

Probation violation is a serious offense that occurs when a person avoids or breaks any of the terms or conditions of his or her probation. When those terms are broken, the person serving probation faces severe consequences and penalties, including the possibility of additional probation terms, significant fines, a revoked probation or, more significantly, jail time.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (954) 522-9997 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

* Required Fields

Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Questions or Schedule An Appointment? Click to Call (954) 522-9997

Why Choose Law Offices of R. David Williams, PA

  • Confidential Case Assessment - During your confidential case assessment we will listen to the details of your case, and formulate a strategy to defend you as well as possible.
  • Highly Rated & Reviewed - Highly rated on Google, with a 5 star rating on respected legal site AVVO.
  • Focused Legal Practice - Our Attorneys have been helping individuals like you Navigate the law for over 25 years. Criminal Law is our top priority, let us make you and your case part of that focus.
  • Highly Responsive - We pride ourselves in fast response time when communicating with our clients. We will never let your questions or concerns go unaddressed.
  • Caring & Compassionate - This isn’t just a Criminal Charge, this is your life. We understand that, and our dedication to our clients helps get them back to their lives as efficiently as possible.
  • Bilingual - At the Law Offices of R. David Williams, we have staff that are fluent in English and Spanish, ensuring that each client gets proper representation.
  • Straight Shooters - Your situation requires honesty from both us and yourself. We will tell you what you need to know, not necessarily what you want to hear. Our approach focuses on efficiency and speed to resolve cases as quickly as we can.
  • No Case Too Difficult - This is where tenacity and knowledge of the law matter. We do what is necessary, even in complex cases.

  • Free Consultation – Discuss the case and explore your legal options during the free consultation with the attorney.

  • Highly Rated – Our firm has accumulated numerous 5-star reviews on Google and the legal site Avvo.

  • Personal Attention – As a psychology major in college, David Williams is positioned to help clients with their legal needs while providing individualized attention and support to each client.

  • No Case Is Too Big or Small – Our criminal defense attorney handles everything from traffic tickets to grand theft, drug charges and other major felony offenses. Regardless of the charge, you will have an advocate by your side when you choose R. David Williams to represent you.

  • Tailored Representation – We don’t treat clients as numbers. Instead, they are real people who require tailored representation. Thus, our firm customizes services based on your circumstances and needs.

Our Core Values

Our core principles have always been a paramount attraction to our clients

Highest Standards

Great Service

Professional Team

Integrity

Questions or Schedule An Appointment? Click to Call (954) 522-9997

Real Clients, Real Testimonials

  • “Not gonna lie. I was scared at first – of course w anything w laws it’s very scary. But David was very professional , honest and true to his word. I felt so much better and confident that he was definitely gonna help me. And he did !! I’m truly grateful for him and his staff- his assistant Jessica is very warm and kind and is always on top of everything. Thank you guys so much!”

    - Maria Cabrera -

  • “Not gonna lie. I was scared at first – of course w anything w laws it’s very scary. But David was very professional , honest and true to his word. I felt so much better and confident that he was definitely gonna help me. And he did !! I’m truly grateful for him and his staff- his assistant Jessica is very warm and kind and is always on top of everything. Thank you guys so much!”

    - Maria Cabrera -

  • “Not gonna lie. I was scared at first – of course w anything w laws it’s very scary. But David was very professional , honest and true to his word. I felt so much better and confident that he was definitely gonna help me. And he did !! I’m truly grateful for him and his staff- his assistant Jessica is very warm and kind and is always on top of everything. Thank you guys so much!”

    - Maria Cabrera -

View More

Professional Associations

Contact A Broward Criminal Attorney

Most importantly, David Williams makes it a priority to give you personalized service and attention with regard to your criminal case. Call our office at your convenience for a free consultation. We will schedule a personal consultation at your convenience with the attorney to discuss the strengths and weaknesses of your criminal case in Dade, Broward, or Palm Beach County. David Williams will provide you with the defense and counseling that is required to have a successful outcome for your criminal case.

David Williams prides himself on providing personal attention with regard to all aspects of your criminal or traffic matter. David Williams will provide you with a fair fee for the work required and will extend a payment plan that is suitable to your needs for your criminal matter.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (954) 522-9997 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

* Required Fields

Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
15 SW 10th St., Fort Lauderdale, FL 33315Questions or Schedule An Appointment? Click to Call (954) 522-9997

Contact Us

Law Offices of R. David Williams, PA

Hours of Operation

Mon - Fri : 9 am - 5 pm
If you have been recently arrested or charged with any criminal offense in South Florida, you need an aggressive, experienced criminal defense attorney to represent you.

© Copyrights 2022. Law Offices of R. David Williams, PA. All Rights Reserved.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.