Violation of Probation in St. Augustine

Focused Defense for VOP Allegations & Bond Hearings

A violation of probation allegation can place your liberty at risk and reopen unresolved consequences from the original criminal case. Canan Law represents clients accused of violating court-ordered probation conditions or committing a new offense, including at bond hearings. We examine the allegation, the terms of probation, and the evidence before advising you on a response.

Our criminal defense team includes Daniel Hilbert, who is board-certified in Criminal Defense by The Florida Bar. He and several of our other attorneys are former state prosecutors. That experience informs how we assess the state’s evidence, prepare for a violation of probation hearing, and address related criminal charges.

Technical Violations & New-Law Violations in Florida

Florida violation of probation cases generally involve either noncompliance with a supervision condition or a new criminal offense. The distinction matters because a technical violation differs from conduct involving a new felony, misdemeanor, or criminal traffic offense. A technical violation is an alleged supervision violation that doesn’t constitute one of those new offenses.

Florida Statute 948.06 also identifies certain conduct as low-risk technical violations when its requirements apply. Classification depends on the facts, the person’s supervision status, and the governing law. An allegation shouldn’t be treated as low-risk or technical without reviewing those details.

Examples identified by statute can include:

• A positive drug or alcohol test
• Failure to report to probation
• Failure to report an address change
• Failure to attend a required class, treatment session, or meeting
• Failure to submit to required testing
• A curfew violation

An arrest for a new felony, misdemeanor, or criminal traffic offense isn’t classified as a technical violation under the statutory definition. The new charge and the VOP allegation are separate matters that can affect one another, so the evidence and procedural posture of each require careful attention.

Florida appellate decisions require a violation to be willful and substantial before probation may be revoked. The court may need to consider what occurred, why it occurred, and whether the evidence establishes the required character of the violation.

What Happens After an Alleged Probation Violation?

A law enforcement officer or probation officer may arrest a probationer without a warrant when reasonable grounds exist to believe probation was materially violated. A case may also proceed through an affidavit alleging a violation, a warrant, or a notice to appear. Once that process begins, the probationary period is paused until the court rules on the allegation.

At the VOP hearing, the court advises the probationer of the alleged violation. If the allegation is denied, the probationer has an opportunity to be fully heard in person or through counsel before the court decides the matter. We prepare by reviewing the affidavit, probation conditions, reporting records, test results, available witness information, and evidence connected to any alleged new offense.

Bond While a VOP Case Is Pending

There is no constitutional right to bail while a probation revocation proceeding is pending. A court nevertheless has discretion to release a defendant with or without bail while the matter awaits disposition. Because release isn’t automatic, we represent clients at bond hearings and present available case-specific information to support the requested release conditions.

Probation violations can be easier for prosecutors to prove than the original criminal charge. The state doesn’t need to retry the original case or prove the same issue again. We identify what the state is alleging, test the supporting evidence, and prepare a focused response under the procedures governing VOP cases.

Possible VOP Outcomes in St. Johns County

After an admission or a finding of violation, the court may continue, modify, or revoke probation. The court may also order community control, a more restrictive form of supervision. Depending on the case, we may pursue alternatives such as extended supervision, closer reporting, or house arrest in an effort to prevent incarceration. Available options depend on the underlying offense, alleged violation, record, and court.

If probation is revoked, the judge may impose a sentence that could originally have been imposed before probation was ordered. The original case and its potential sentencing range are therefore important parts of VOP defense. We evaluate those consequences before advising a client about an admission, a contested hearing, or a proposed resolution.

Proceedings at the St. Johns County Courthouse

VOP matters in St. Johns County proceed through the St. Johns County Courthouse, also known as the Richard O. Watson Judicial Center, in St. Augustine. The county is within Florida’s Seventh Judicial Circuit. Circuit Court handles serious criminal cases, while County Court handles less severe offenses.

We have served St. Augustine and the surrounding region for more than three decades. Our familiarity with local courts, judges, and prosecutors helps us account for the people, procedures, and case history relevant to a client’s defense. We prepare each matter for the possibility of a contested hearing rather than treating a quick resolution as the only objective.

Discuss Your VOP Allegation with Our Attorneys

Prompt legal guidance can clarify the allegation, the status of any warrant or hearing, and your available choices. Our attorneys can review the claimed violation and explain how it may affect your supervision and original sentence.