⚖️ Probation Violations Are Serious — But Beatable
If you’re accused of violating probation in Florida, you’re facing serious consequences — including the possibility of being sent to jail without a new conviction.
Many people think a probation violation is a minor issue. It’s not. In fact, the burden of proof is lower, and your rights at a violation hearing are more limited than at a regular trial.
But that doesn’t mean you’re out of options. As a Fort Lauderdale criminal defense attorney, I’ve helped clients beat VOP charges, avoid jail, and get back on track. Here’s how you can fight back when you’re accused of violating probation in Florida.
🧾 Types of Probation Violations in Florida
Florida law divides probation violations into two categories:
🔹 Technical Violations (missing appointments, failing to pay fees)
Missed a check-in with your probation officer
Failed to complete a required class or program
Tested positive for drugs or alcohol
Didn’t pay court-ordered fines or costs
🔹 Substantive Violations (committing a new crime)
You were arrested or charged with a new offense
Even if the new case hasn’t gone to trial, it can trigger a VOP hearing
✅ The type of violation affects how your case is handled — and how aggressively it can be defended.
🛑 What Happens When You're Accused of a VOP?
If your probation officer alleges a violation:
A warrant is issued for your arrest
You may be held without bond
A violation hearing is scheduled before a judge — no jury
⚠️ The prosecutor only needs to prove the violation by a “preponderance of the evidence” — not beyond a reasonable doubt. That’s a much easier standard for them. Learn more about probation procedures on the Florida Courts website.
🧠 Defense Strategies for Probation Violation Cases
You’re not powerless — even if you technically violated a condition. Here are ways a defense attorney can help:
Challenge the basis of the violation (e.g., false positive drug test, clerical error, or legitimate excuse)
Argue lack of willful intent (e.g., missed appointment due to hospitalization or car breakdown)
Dispute new charges (especially if you haven’t been convicted yet)
Negotiate alternative resolutions (community service, inpatient treatment, or reinstatement with modified terms)
File motions to suppress or dismiss if procedural errors occurred
✅ The earlier you act, the more leverage you have.
📉 Consequences of a VOP — and How to Avoid Them
If the judge finds you violated probation, penalties can include:
Jail or prison time
Additional probation or stricter terms
Revocation of a withheld adjudication
Loss of access to diversion programs or sealing eligibility
But strong legal representation can result in:
Continued probation with no additional penalties
Reinstatement with minor sanctions
Early termination of probation in some cases
📞 Accused of a Probation Violation? Don’t Wait.
If you’ve been accused of violating probation in Fort Lauderdale or anywhere in South Florida, don’t face the judge alone. A single mistake or misunderstanding doesn’t have to ruin your second chance.
At Michael White, P.A., I fight to protect your freedom and restore your path forward.
👉 Call now for a free consultation and let’s build your defense together.
🙋♂️ Frequently Asked Questions About Probation Violations in Florida
❓ Can I get a bond for a probation violation in Florida?
Not always. In many VOP cases, the judge may hold you without bond until your hearing. Your lawyer can file a motion to set bond depending on the type of violation and your record.
❓ What’s the burden of proof at a VOP hearing?
The standard is “preponderance of the evidence” — much lower than in a criminal trial. The judge, not a jury, decides if the violation occurred.
❓ Can I fight a probation violation based on a new arrest?
Yes. Being arrested doesn’t mean you’re guilty. If the new charges are weak or dismissed, your lawyer may get the VOP dismissed too.
❓ What happens if I violated probation for missing a class or drug test?
That’s considered a technical violation. Judges often allow reinstatement or alternatives — especially if the violation wasn’t willful.
❓ Do I need a lawyer for a probation violation hearing?
Yes. A lawyer can challenge the State’s evidence, negotiate with the judge and prosecutor, and push for outcomes that don’t involve jail.
🚨 Don’t let a probation violation send you back to jail.
Call Michael White, P.A. today for a free case review and protect your second chance.