Florida Association of Criminal Defense Lawyers
National Association of Criminal Defense Lawyers

Probation Violations

Probation is part of your sentence for a previous crime and you will be monitored and required to meet certain conditions before you are released. And if the state determines you have violated your probation, you can face the same penalties you faced on the original charge. For example, if you were placed on probation for Grand Theft, that charge is a third degree felony in Florida. This theft felony is punishable by up to five years in prison. If you violate the Grand Theft probation, you are facing a maximum of five years in prison as punishment. The Jacksonville Probation Attorney at The Mussallem Law Firm, P.A., has represented hundreds of people on probation violation charges in Duval, Clay and Nassau counties.

The Salvation Army of North Florida monitors people on misdemeanor probation. If you are on probation for a DUI in Jacksonville, you will likely have to complete DUI school, complete the Mothers Against Drunk Driving Victim Panel, perform fifty hours of community service, impound your vehicle for ten days and pay a fine. All are conditions of a first drunk driving charge. If you are placed on probation for domestic battery, you will likely have to attend and complete the Batterers' Intervention Program and pay a fine. If you miss a class or do not perform all of the conditions of your probation on time, you can be violated and arrested.

Felony probation in Jacksonville is monitored by the Florida Department of Corrections. Probation is often offered by the State Attorney's Office on first time felony charges where there is little or no violence. Felony probation is also required as a matter of law as part of certain sentences. For example, if you are convicted of a Sex Crime in Jacksonville, Florida sex offender probation follows almost all sentences in jail or prison.

Violation probation in Florida is a crime, and the state must prove your actions constitute a “willful and substantial” violation. This means you had to knowingly break a significant term of your probation. Not paying court costs or the cost of probation supervision cannot itself be a substantial violation of probation. The only exception to this is if you have the ability to pay and just refuse to do so. The prosecutor in your case would have to prove that you had the funds and just didn't pay.

The Jacksonville Probation Attorney at The Mussallem Law Firm, P.A., can represent you at your Violation of Probation Hearing, at which you can present your side of the story. Our experienced criminal attorney knows the law and know what constitutes a “willful and substantial” violation. Let us help you sort through your case and have The Mussallem Law Firm, P.A., fight for your rights in court.

Jacksonville Criminal Defense Attorney Blog - Probation in Jacksonville
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