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What happens if probation is violated?

When people in Florida are sentenced to probation, they are given terms and conditions to which they must adhere. In the event a person breaks a condition or term of their probation, it is considered a violation of their probationary sentence.

Probation officers will submit an affidavit with the court in some cases. In others, a probation officer will give the person a warning. What they do is up to their discretion. If the probation officer elects to file an affidavit with the court, they most likely will be seeking some sort of a punishment, possibly involving time in jail.

The person will first receive a notice to appear in court on their alleged violation of probation. The court will then set a hearing on whether the probation was violated. Unlike a regular criminal case, a probation violation case only requires that the prosecutor prove the person violated their probation by a preponderance of the evidence. Following the hearing, if the court finds that the person did violate their probation, they will then impose a sentence that may include a fine, a jail sentence, a probation extension or a revocation of the probation. If the probation is revoked, the person may then be required to serve out the remainder of their sentence in jail or prison, depending on the level of the offense underlying the original probation.

People who are charged with a violation of the terms of their probation may want to obtain the assistance of a criminal defense attorney. In some situations, legal counsel may be able to enter into an arrangement with the probation officer and prosecutor in order to get the probationary sentence reinstated.

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