Yes. In Florida, you can be arrested for violating probation even if you have not committed another crime. Missing an appointment, failing a drug test, or not completing court-ordered requirements can lead to a violation of probation. However, not every technical violation results in an arrest or revocation of probation.
Technical vs. substantive probation violations
Florida generally recognizes two categories of probation violations.
A substantive violation involves an allegation that someone committed a new criminal offense while on probation.
A technical violation involves failing to comply with a condition of probation without committing a new criminal offense. Examples include missing a required meeting, failing to attend treatment, or violating a curfew.
Both can have serious consequences, but the circumstances of the alleged violation matter.
Common technical probation violations
Some common examples include:
- Missing a scheduled meeting with a probation officer
- Testing positive for drugs or alcohol
- Failing to complete required classes, counseling, or treatment
- Changing addresses without providing required notice
- Falling behind on required payments or community service
A probation officer may report an alleged violation to the court. Depending on the circumstances, an arrest warrant may be issued, and Florida law also permits certain arrests without a warrant.
However, Florida provides alternative procedures for some eligible technical violations. Not every missed appointment or other violation automatically results in jail.
Importantly, when an alleged violation involves unpaid financial obligations, the person’s ability to pay and whether the failure was willful can be significant legal issues.
What happens after a probation violation?
If a violation is alleged, the court may consider whether the violation occurred and what action is appropriate.
Depending on the circumstances, the judge may continue probation, modify its conditions, or revoke probation. Revocation can expose someone to a sentence that could have been imposed for the original offense.
An allegation does not automatically mean probation will be revoked. The evidence, circumstances, prior compliance, and applicable Florida law all matter.
Speak with a Fort Myers criminal defense attorney
If you are facing an alleged probation violation in Fort Myers or Lee County, it is important to understand your options before making decisions about the case.
At Lee Viacava Law Firm, we focus exclusively on criminal defense. Attorney Lee Viacava has more than 18 years of experience handling criminal matters and personally works with clients to evaluate their cases and develop an appropriate defense strategy.
Contact Lee Viacava Law Firm at (239) 672-8934 to discuss your situation.