TAMPA VIOLATION OF PROBATION ATTORNEY
The trial court may revoke probation or community control only if the State proves by the greater weight of the evidence that the defendant willfully and substantially violated a specific condition of his or her sentence. Whether a violation is willful and substantial must be decided on a case by case basis, but in all cases, the State bears the burden of proving the Violation of Probation by “competent evidence.”
VIOLATION MUST BE SUBSTANTIAL AND WILLFUL
Florida law provides that a revocation of probation is appropriate when a defendant violates in a material respect. Probation may be revoked only upon a showing that the probationer deliberately and willfully violated one or more conditions of probation. A Violation of Probation can originate from new criminal offenses (arrest alone is not an adequate basis for finding a violation of probation), failed drug tests, failure to meet financial obligations, failure to complete court-ordered programs, and missed appointments.
PENALTIES FOR VIOLATING PROBATION
Upon the revocation of probation or community control, the Court may impose any sentence which it might have originally imposed on the underlying/original charge for which the probationer is on probation. In other words, if the original penalty for your original case was up to and including five (5) years, you may be sentenced up to, but not in excess of, the statutory maximum penalty for the original offense at issue, five (5) years.