In the state of Florida — and most other states, for that matter — a probation violation is levied against an individual when, according to local laws, they have willfully and substantially violated one or more conditions of their probation. Such conditions can include reporting to their assigned probation officer each week (a violation would occur if an individual did not report as directed), having a urine test return positive for drugs, or incurring new charges.
In some instances, it is up to the assigned probation officer as to whether or not the individual on the probationary sentence is "violated"; in other instances, laws strictly mandate when violations must be written up.
What Happens if I Violate Probation for the Second Time?
It is not uncommon for individuals on probation to violate the terms of their probation due to minor infractions – such as missing an appointment or failing to attend a mandatory AA or parenting class. Many probation officers will overlook such transgressions. But second-time probation violations are not as often looked over, simply because it is expected that individuals who have already violated once to "know better" than to violate a second time.
Second-time violations can result in the same consequences as violating first-time probation, except the likelihood of having these consequences imposed is more likely:
- The probationary period is extended or "reset." If this happens, your probation may extend from six months to a year or more. For serious violations, or a seriously angry probation officer or judge, you may find yourself having to repeat your entire probationary period all over again – even if you were just about finished with your probationary period.
- Additional probationary conditions are added to your sentence. Depending on the nature of your violation or new crime, you may have additional conditions to meet. If you have failed multiple drug tests, your sentencing judge may mandate 30 or more days of inpatient rehab. In most instances, your added conditions relate to the nature of your violations.
- Serve jail time for the violation. Some judges may skip additional probationary charges or longer probationary periods and send you to jail to 30, 60, 90, or more days to serve time for your committed infraction.
- Probation canceled. In the event of repeated violations, or serious violations against your probationary terms, you run the risk of having your sentencing judge canceling your probation and sending you back to jail to serve the remainder of your probation.
Call Hager & Schwartz today (954) 840-8713 to learn more about how our team can help protect your rights following a probation violation.