Last updated November 2025
A probation violation in Florida can trigger instant jail, a no-bond warrant, and the possibility of serving the entire original sentence. Many violations happen because of simple mistakes — not intentional wrongdoing. But VOP hearings move fast, and judges have tremendous discretion.
As a former prosecutor and Fort Lauderdale probation violation lawyer, I’ve handled hundreds of VOP cases throughout Broward County. The good news: many violations can be defended, mitigated, or resolved without jail time. Here’s what you need to know.
📜 What Counts as a Probation Violation?
Under Florida Statute §948.06, your probation officer can allege a violation for:
1️⃣ Technical Violations
These do not involve new crimes. Common examples include:
Missing a probation meeting
Missed or late drug tests
Failure to complete classes or counseling
Missing curfew
Not reporting address or employment changes
Incomplete community service hours
Failure to pay costs or restitution (if willful)
Learn more:
👉 First-Time VOP in Florida
👉 What happens if you violate probation in Broward?
2️⃣ Substantive Violations
A “substantive” violation means you’re accused of committing a new offense while on probation.
Important: A new arrest is not a conviction.
Judges can violate you based only on probable cause — unless your lawyer challenges it effectively.
Related:
👉 Violation of Probation for DUI
3️⃣ Failure to Pay Restitution or Fines
You can only be violated for nonpayment if the State can prove willfulness.
If you were unable to pay because of job loss, medical issues, or financial hardship, the court cannot revoke your probation.
🚨 What Happens After a Probation Violation?
Once the probation officer submits an affidavit:
A VOP warrant is issued immediately
Most VOP warrants in Broward are no bond
You appear before the same judge who sentenced you
The court decides whether the violation is:
Unfounded
Technical
Substantive
Willful or Non-willful
The judge may:
Reinstate probation
Modify probation
Revoke probation and impose the original sentence
More about hearings:
🛡️ How We Defend Probation Violations in Florida
🟦 1. Lack of Willfulness
Many technical violations are the result of:
Car trouble
Illness
Miscommunication
Job conflicts
Homelessness
Inability to pay
If the violation wasn’t intentional, the judge can reinstate or modify probation instead of revoking.
🟦 2. Insufficient Evidence (Even With Lower Burdens)
VOP hearings don’t use “beyond a reasonable doubt.”
But the State still must present competent, substantial evidence.
We challenge:
Hearsay-based affidavits
Incomplete drug test documentation
Probation officer assumptions
Missing or unreliable records
🟦 3. Challenging New Criminal Charges
A pending charge does not automatically violate you.
We often attack:
Body-worn camera
Witness inconsistencies
Probable cause affidavits
Illegal stops or searches
Relevant topics:
🟦 4. Mitigation That Judges Care About
Judges often reinstate when shown:
Employment verification
Treatment enrollment
Negative drug tests
Compliance history
Family responsibilities
Proof of rehabilitation
🟦 5. Early Intervention With the Probation Officer
Sometimes we resolve violations before they’re filed.
This can prevent warrants, jail, and lost employment.
📈 Consequences of a VOP in Florida
Depending on your underlying charge:
Misdemeanor VOP
Up to full misdemeanor sentence
Additional probation
Fines or classes
Jail possible but avoidable with mitigation
Felony VOP
Up to the full suspended prison sentence
Mandatory prison in certain drug, violent, or sex-offender cases
Habitual offender rules may apply
Related statutes:
⭐ Why Choose Michael White, P.A. for Probation Violation Defense?
Former prosecutor handling VOP hearings across South Florida
Deep understanding of Broward judges and probation officers
Experience resolving VOPs through reinstatement or modification
Strong record of avoiding incarceration for first-time and technical VOPs
Fast action on outstanding warrants
If you’re dealing with a probation violation — don’t wait. Early intervention can change everything.
📞 Call (954) 270-0769 for a free consultation.
🔗 Related Posts & Resources
Violations of Probation
DUI & Traffic (often linked to VOPs)
General Criminal Defense
❓ FAQs: Probation Violations in Florida
1) What happens if I violate probation in Florida?
A warrant may be issued, and you’ll have a hearing where the judge can reinstate, modify, or revoke probation.
2) Can I get a bond for a probation violation?
Often no. Many VOP warrants are no bond until you appear in court, but a lawyer can request a bond hearing.
3) What’s the difference between a technical and substantive violation?
Technical = breaking a condition (missing meetings, classes).
Substantive = being accused of a new law violation.
4) Do I get a jury trial for a probation violation?
No. VOP hearings are judge-only with a lower burden of proof.
5) Can probation violations be defended?
Yes — through willfulness challenges, evidentiary attacks, mitigation, and challenging illegal stops or searches.