Probation Violation

Probation Violation Lawyer in Daytona Beach

When you are sentenced to probation, you must abide by the terms of the order. If you fail to adhere to these conditions, it could result in the revocation of your probation. For those who need the help of a probation attorney, make sure to reach out to an experienced Daytona defense lawyer like Alexander Smith-Johnson. 

Conditions of Probation

Under Florida law, there are certain conditions that you must meet, such as:


  • Reporting to a probation officer
  • Allowing a probation officer to visit your home
  • Finding employment
  • Abiding by restrictions on travel

There might be other conditions for certain individuals. You should know the specific terms of your probation so that you do not engage in any illegal or prohibited activities. 

Types of Probation

In Florida, there are five types of probation for various crimes. Based on the seriousness of the offense and the nature of the crime, probation is an option for many offenses. Some of these probations include:

  • Standard supervised probation: This is the standard form of probation in Florida. The offender must adhere to the terms and report to a probation officer. 
  • Administrative probation: This probation is the most lenient punishment in the state. The offender must pay fees and fines. They also must adhere to probation terms and stay out of additional trouble. Mandatory meetings with a probation officer are not required. Many offenders will need to complete community service and educational programs. 
  • Community control: This probation includes curfews, house arrest, and ankle monitors. In most cases, the convicted has to stay away from criminals and specific locations. 
  • Drug offender probation: For drug crimes, the offender will have to enroll and complete a drug treatment program. Along with that, the individual must abstain from all narcotics. 
  • Sex offender probation: These terms are mandated for ongoing sex offender treatment programs, and a probation officer will oversee these terms. This probation is paired with community control. There are also mandates included with this probation, such as prohibited internet use and inability to live in specific areas.

Types of Violations in Daytona Beach

In Florida, there are two ways that you can violate your probation in the state. 


  • Technical: When you fail to report to your probation officer, that is considered a technical violation. You can also get a technical when you fail to pay a fee or do not satisfy other conditions of your probation. This may also be charged as failure to appear.
  • Substantive: If you have committed a new crime, then a substantive violation has occurred. 


These two types of violations have severe consequences. You might have your probation revoked with the possibility of a jail or prison sentence.

Probation Violation Consequences

If you have violated your probation, a warrant could be issued for your arrest. For individuals charged with a misdemeanor, your probation officer will fill out the Affidavit of Violation. Felony offenders who have violated the terms of probation are reported to the Florida Department of Corrections. 


Anyone arrested for violating probation will need to attend a hearing. At the hearing, the judge may sentence you to finish your sentence in jail or prison.

After a Violation of Probation in Daytona Beach

After you have violated your probation, the probation officer issues a violation of probation (VOP) warrant to the judge. Once the judge signs the warrant, you can be arrested. With an on-view offense, a police officer or judge can violate your probation terms. 


In most cases, the offender is arrested for a new crime. With that recent arrest, the police officer can violate the individual on their current probation. 


With a VOP warrant, you will not get credit for time served until you are in custody. However, you can get dual credit for both cases at the same time with an on-view warrant.

Probation Violation Hearing

After you have been charged with a probation violation, you will have to attend a hearing before a judge. These hearings are much different from a criminal or civil trial. You will want an experienced probation attorney to handle your case. In some situations, you might not be able to post a bond for your release. With the proper legal counsel, you can navigate the tricky probation court in the state of Florida. 

Sentencing for Probation Violations in Daytona Beach

If you have a felony probation violation in Florida, that will add 6 points to your criminal scoresheet. For those second or third violations, additional points are added to your scoresheet. With repeated violations, you will face stiffer penalties and severe sentences. You need the assistance of a probation violation lawyer in Daytona Beach.

New Offenses and Probation Violations

All new felonies will result in 12 points added to your Violation of Probation scoresheet. If those new offenses are felonies, then you might be facing maximum penalties for those crimes. Florida is known to issue harsh sentences for repeated probation offenders. If you are not careful, you might be facing longer terms in prison.

Anti-Murder Act in Florida

Florida has an Anti-Murder Act on the books. If you fall under these sections, it is considered an anti-murder offense. These qualifications include:


  • Violating probation with a qualifying offense
  • Violating felony probation with a new qualifying offense
  • Violating probation for a past anti-murder crime


There are a few problems that can occur when you violate probation as an anti-murder. You might face: 


  • No bond
  • Additional points to VOP scoresheet
  • Hearing to determine your “danger” status

Daytona Beach Probation Defenses

If you want your probation violations dismissed, you need the help of a skilled criminal defense lawyer. There are two main arguments against your probation violations, including:


  • Probation was violated, but it wasn’t willful or intentional
  • Probation was not violated

Hire a Seasoned Probation Lawyer in Daytona Beach

If you have violated the terms of your probation, make sure to reach out to Alexander Smith-Johnson. When you consult with an attorney, you might be able to avoid the strictest penalties for your violation. You don’t want to ignore these legal issues. To schedule a consultation with Daytona’s top criminal defense attorney, contact Alexander Smith-Johnson today.

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If you have any questions, call or email Darryl today for a free case review/consultation.

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