In Florida, it is not uncommon for people to be sentenced to a term of probation, either after or in lieu of a prison sentence. People sentenced to probation, or community control, must abide by the terms of their probation order, which, among other things, means they must not commit…
Articles Posted in Probation Violations
Florida Court Analyzes Grounds for Revoking Probation
In some Florida criminal cases, the courts will sentence a defendant to probation rather than imprisonment. People on probation must abide by the terms and conditions of their sentence, however, and if they do not, their probation may be revoked. Generally, though, inadvertent and unintentional probation violations are insufficient to…
Florida Court Explains Penalties Imposed for Probation Violations
The Florida courts will often sentence people convicted of federal crimes to lengthy prison terms. In some instances, though, a court will impose a more lenient penalty and sentence a person to probation. Offenders on probation must comply with the terms of their release, and if they do not, they…
What is a Violation of Probation in Florida?
Many people who are convicted of crimes are sentenced to probation, either after or instead of prison sentences. While probation offers substantially more freedom than imprisonment, defendants sentenced to probation typically must comply with numerous conditions. People that fail to do so and violate the terms of their probation may…
Florida Court Explains What Constitutes a Material Probation Violation
In some instances, a defendant convicted of a criminal offense will be sentenced to probation rather than imprisonment. Although people on probation have significantly more freedoms than those who are imprisoned, their liberties are not boundless. Specifically, they must comply with the restrictions imposed by their probation orders. If they…
Court Discusses Evidence Sufficient to Prove a Probation Violation in Florida
Many criminal convictions result in sentences that include probation. While a person is not incarcerated during a probationary period, he or she must nonetheless comply with the terms of probation, and a person who willfully violates the terms of his or her probation may be sentenced to imprisonment. Recently, a…
Court Analyzes What Constitutes a Willful Violation of Probation Under Florida Law
Under Florida law, if a defendant is convicted of a crime, the penalty imposed will depend on several factors, including the nature of the crime, the defendant’s criminal history, and the likelihood the defendant will commit another criminal offense. In some cases, the court will sentence a defendant to probation…
Florida Court Explains State’s Burden of Proof at Probation Revocation Hearings
Criminal defendants who plead guilty or no contest to criminal charges or are convicted of crimes following a trial may be sentenced to a term of probation in lieu of incarceration. Standard terms of probation typically include the requirement that the defendant refrains from violating any laws or committing any…
Florida Court of Appeals Reverses Conviction for Resisting an Officer Without Violence
Under Florida law, the state is required to produce evidence that an officer is engaged in a lawful duty to convict a defendant charged with resisting arrest. In a recent case, the District Court of Appeal of Florida, Second District reversed a conviction for resisting an officer without violence, due…
Florida Man gets 15 Years in Prison for Probation Violations
In Florida and elsewhere, probation is an alternative to prison time in which a person convicted of a crime is able to remain free, so long as he or she complies with certain terms and conditions. This is an attractive option for anyone charged with a crime in Florida because…