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Probation Violation: Drug and Alcohol Use

By Hager & Schwartz, P.A.

February 25, 2020

Persons who have been convicted of a criminal offense may be placed on probation. In qualifying situations, probation is considered as an alternative to serving jail time. If you are on probation, there are certain activities that may be restricted, such as drug and alcohol use. If you violate the conditions of probation, then you may face a probation violation. If you are charged with a probation violation, then you should seek out the assistance of a criminal defense attorney.

When Is Drug and Alcohol Use Restricted for Someone on Probation?

To determine if drug and alcohol use is a condition of probation, you will need to carefully review the documents you received when sentenced in your case and any documents you received after beginning probation. These documents should include an express notice that drug and alcohol use is prohibited.

An attorney can help you understand exactly what is prohibited and what is allowed for your probation. This will help you avoid any unexpected issues with your probation.

How Could Drug and Alcohol Use Affect Your Probation?

If there is evidence that you have used drugs or alcohol while on probation, then you could face a probation violation and have consequences imposed. Evidence of drug or alcohol use could be through a positive test, arrest for a new charge, possession of drugs or alcohol, or other means.

If you are convicted of a probation violation, then any suspended portions of your sentence could be imposed. For example, if jail time was suspended in your original sentence, then you could be required to serve the suspended jail time in its entirety.

There could also be requirements for more extensive supervision, substance abuse treatment, increased testing, community service, and the imposition of fines.

What Should You Do If Charged With a Probation Violation?

If you receive a probation violation for drug or alcohol use, your best option for protecting your future is working with an experienced Florida criminal defense attorney.

At Hager & Schwarts, our team of trusted Florida criminal defense attorneys can review the allegations and determine if there are any defenses or mitigating circumstances.

For more information on how our team can help, call (954) 840-8713 today to get started on a confidential case evaluation.