When people receive a probationary sentence in lieu of incarceration in Florida, the sentence will include certain conditions of being on probation to which the probationer must adhere. In the event a person violates the conditions of his or her probation, he or she may be resentenced to incarceration and probation may be revoked.
Florida allows law enforcement officers to arrest people who are on probation when they believe the person has violated the terms of said probation. Probation officers may also file affidavits requesting a revocation of probation with the court for the people under their supervision. After an affidavit is received by the court, the court will determine whether or not the person may remain out of custody or if he or she will be held without bond pending a hearing on the allegations.
If a probation revocation case is opened, the person does not have a right to a jury trial, as that individual has already been found guilty of the underlying offense. Instead, a probationer may proceed to a hearing in front of a judge. At the hearing, the probationer may contest evidence presented by the prosecution and the probation officer of his or her alleged violation. Judges may revoke the probation, deny the revocation request or continue it with additional conditions.
When a probationer is alleged to have violated their order, it might be helpful to obtain the services of a criminal defense attorney for the violation hearing. Depending on the nature of the alleged violation, courts may agree not to revoke the probationary sentence. When the alleged violations are not true, getting help to fight against them can be very important.
Source: The 2014 Florida Statutes, “Chapter 948.06 Probation and Community Control”, Accessed on Jan. 12, 2015