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Quick answer
When a person on probation in Florida is accused of violating it, they can be arrested without a warrant and brought back to the court that placed them on probation. If the violation is admitted or proved, section 948.06, Florida Statutes, lets the judge revoke, modify, or continue the probation. If probation is revoked, the judge can impose any sentence that could have been imposed originally.
Key takeaways
- A violation can be a new crime or a technical violation, such as missing an appointment or a payment.
- The probation period stops running once a violation affidavit is filed and a warrant or notice to appear is issued.
- Release while the violation is pending is up to the judge.
- For some first, low-risk technical violations, the statute requires the court to modify or continue probation instead of revoking it.
- A person whose adjudication was withheld can be adjudicated guilty if probation is revoked.
How a violation case starts
Under Section 948.06, Florida Statutes,, when there are reasonable grounds to believe that a person has violated probation or community control in a material respect, a probation officer, or a law enforcement officer who knows of the person’s status, may arrest the person without a warrant and return them to the court that granted the probation. A judge can also issue a warrant on a sworn affidavit. Instead of a warrant, the judge may issue a notice to appear if the person has never been convicted of, and is not accused of, one of the qualifying offenses the statute lists.
The statute defines a technical violation as an alleged violation of supervision that is not a new felony, misdemeanor, or criminal traffic offense.
The clock stops
Once an affidavit of violation has been filed and a warrant has been issued, a warrantless arrest made, or a notice to appear issued, the probationary period is tolled until the court rules. A term of probation does not quietly run out while a violation is pending.
In court
- The charge is read. The court tells the person what the alleged violation is.
- If the person admits it, the court may revoke, modify, or continue the probation straight away.
- If the person does not admit it, the court may hold the person or release them, with or without bail, until a hearing. As soon as practicable the court must give the person an opportunity to be fully heard, in person or through a lawyer.
- After the hearing, the court may revoke, modify, or continue the probation, or place the person in community control.
Bail while a violation is pending
The statute leaves release to the judge and says that, in deciding whether to require bail and how much, the court may consider whether the person is more likely than not to receive a prison sanction for the violation. Separate rules apply to a person the statute defines as a violent felony offender of special concern.
What the judge can do
| Outcome | What it means |
|---|---|
| Continue | Probation goes on under the same conditions. |
| Modify | Probation goes on with changed or added conditions. |
| Revoke | Probation ends. The court adjudges the person guilty, unless that was already done, and may impose any sentence it could have imposed before placing the person on probation. |
The last row is why a violation can be more serious than the original sentence suggests. The maximum for the original offense is back on the table. The general maximums are in the offense level reference.
Important exceptions
- First low-risk technical violations. The statute says the court must modify or continue probation, rather than revoke it, when the person is on probation, is not a violent felony offender of special concern, the violation is a low-risk technical violation as the statute defines it, and the court has not previously found a violation during the current term.
- Alternative sanctions. For a technical violation, a probation officer may be able to use an alternative sanctioning program instead of filing an affidavit with the court.
- Withheld adjudication. If probation followed a withhold of adjudication, revocation means the person is adjudicated guilty.
Common questions
Is there a bond for a violation of probation?
Not automatically. The judge decides whether to release the person and on what terms.
Is a violation hearing a trial?
No. It is a hearing before the judge who decides whether the violation happened and what to do about it.
Can I be violated for something that is not a crime?
Yes. A technical violation is by definition not a new offense.
When to speak with an attorney
A violation puts the original sentencing range back in play, and what is said at the first hearing matters. A licensed Florida attorney can explain the options before anything is admitted. A person who cannot afford a lawyer can ask the court to appoint the public defender. See our summary of section 948.06 and the Arrest and Court Process topic page.
Official resources and sources
- Section 948.06, Florida Statutes — violation of probation or community control; revocation; modification; continuance
- Section 948.01, Florida Statutes — when a court may place a defendant on probation
- Section 775.082, Florida Statutes — maximum terms
