What Happens If You Are Arrested While On Probation In Florida?
Probation is a form of court-mandated supervision that allows a person to complete their sentence without being incarcerated. You must comply with the terms of your probation—otherwise it could be revoked. A new arrest could be deemed a violation of probation. Within this article, our Orlando criminal defense lawyer explains the most important things you should understand if you were arrested while on probation in Florida.
Background: Two Types of Probation Violations
In Florida, probation violations are divided into two broad categories:
- Substantive (New Law): A substantive probation violation is sometimes referred to as a new law violation. It occurs when a person who is on probation is arrested and charged with a new, separate criminal offense.
- Technical: A technical violation is a violation on the specific terms or conditions of a person’s supervised release. The conduct is not, itself, a criminal violation. Examples include missed appointments with probation officers and breaking of curfew.
A Requirement of Probation in Florida: No New Law Violations
The terms of a person’s probation will depend on a number of different factors, including the specific charge that they were convicted of and their prior history. That being said, it is general practice in Florida that probation requires no new law violations. In other words, an arrest and a fresh criminal charge is almost invariably a violation of probation.
The Judge Can Revoke Your Probation Based on a New Arrest
What happens if you are arrested while on probation in Florida? Will you immediately have your probation revoked and be sent to jail due to the original offense? The answer is that “it depends”—probation can be revoked based entirely on a new arrest. Though, this type of probation revocation must be done by a judge.
Under Florida law (Florida Statutes § 948.06), a judge can revoke probation solely on the basis of a new law violation (an arrest) if that judge finds “reasonable grounds” that the probationer committed the violation. A judge can issue an immediate arrest warrant for violation of probation in these cases.
A Comprehensive Defense Strategy is a Must for People Already On Probation
Dealing with a criminal charge is never easy. It is even more challenging for a person who is already on probation. Their probation could be revoked and they could be sent to jail simply based on the charge itself. It is imperative that any person who finds themselves in this situation has representation from an experienced criminal defense lawyer.
Speak to an Orlando, FL Criminal Defense Attorney Today
At The Baez Law Firm, our Orlando criminal defense lawyer is an experienced and justice-driven advocate for clients. If you are facing a probation violation charge—whether for a technical violation or a new law violation—we can help. Contact us today to arrange your fully private case review. We serve communities throughout all of Central Florida, including Orlando, Winter Haven, Lakeland, Winter Park, St. Cloud, Lake Buena Vista, Sanford, Apopka, Mt. Dora, and Altamonte Springs.