Violation of Probation
A violation of probation (VOP) in Florida occurs when an individual who is on probation fails to comply with the conditions and requirements set forth by the court. Probation is a form of supervision that allows individuals to serve their sentences in the community rather than in jail or prison. When a probationer violates the terms of their probation, it triggers a legal process that can result in consequences. There are far fewer protections in a violation of probation case than there are in a regular criminal case. This also means that it is much easier for the state to prove a violation of probation than the original charge. Some key differences in a violation of probation:
There is no statute of limitations There is no right to a speedy hearing There is no constitutional right to request a bond while awaiting your VOP hearing There is no possibility of bond under the Anti Murder Act (not all probationers will qualify) There is no right to a jury trial Many evidentiary rules do not apply, and hearsay is admissible under certain circumstances There is no right to remain silent and you may be forced to testify against yourself The standard of proof is much lower: in a regular criminal case the state must prove guilt beyond a reasonable doubt, but in a violation of probation hearing, the state must only prove guilt by a preponderance of evidence
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If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at
(386) 878-5087. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.