What Happens After a Probation Violation

Probation violation is an allegation that you did not comply with the terms and conditions of the sentence imposed by the judge. The process of a violation of probation begins when your probation officer completes an affidavit of violation. This affidavit is provided to the judge for review. The affidavit of violation spells out the allegations for how you violated the terms of your probation.

Depending on the nature of the violation, the affidavit may also include a recommendation to the judge about whether to issue a warrant or a notice to appear for court. Typically when a warrant is issued on a violation of probation, no bond is set and if you are arrested on this warrant you will very likely remain in custody until you appear before the judge who placed you on probation. If a notice to appear is issued, the Clerk of Court will send a notice in the mail advising you of a court date. If you fail to appear at that court date, the judge will most likely issue a warrant for your arrest. In this circumstance it is highly likely the warrant would have no bond.

The first court date to address the violation of probation is handled very much like an arraignment date. You will be advised of the violation and asked whether you admit to the violation or deny the violation. If you admit to the violation of probation the judge can re-sentence you to the maximum sentence under the law. If you deny the allegation, the judge will either set a new court date to allow time for you to investigate the allegations or set your case for an evidentiary hearing, also known as a VOP hearing.

It is important to know that if you violate your probation the courts can impose the maximum penalty permitted under the law. For example a third-degree felony would allow the judge to re-sentence you to five years of prison for a violation of probation. This also means the judge could continue your probation or even modify the conditions of your probation to address the reasons for the violation.

Failing to hire an attorney for a probation violation can have a detrimental impact. Correcting a perceived injustice after the fact is much more difficult and has a lower likelihood of success. Do not make this mistake, consult and hire an attorney to help you navigate the violation of probation process. Our office offers free consultations and reasonable fees for our services.


Library for Violation of Probation or Community Control:

    • I Need to Fight My Pinellas County VOP:
      Description: Pinellas County, like other counties, has there own system for dealing with violations of probation or VOP for short. A VOP in Pinellas County is filed with the Judge and the Judge issues a warrant usually with no bond. When no bond is attached you will be stuck in jail until your VOP is resolved. Contact your Pinellas County VOP attorney, Ryan Rooth, today for a free consultaion. Put his VOP defense experience to work for you. Call: (727) 797-9600.
    • How to Terminate Your Probation Early
      Description: If you are on probation and interested in terminating probation early, there are various factors the court will look for in making this decision. If you would like to retain a criminal defense attorney to assist you in this process, contact Rooth Law Group today for a free consultation, (727) 797-9600 in Pinellas County, (813) 333-6517 in Hillsborough County.

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