Probation Violation Defense Attorneys in Tampa

Being accused of violating probation can be as serious as the original criminal charge. A violation can lead to arrest, loss of freedom, and the reinstatement of your full sentence. Whether the alleged violation was a misunderstanding or a mistake, it’s important to take action quickly.

At Roussos Law Group, we represent clients throughout Florida who have been accused of violating probation. Our team understands how judges and prosecutors handle violation cases and how to build a strong defense to protect your rights and future.

Understanding Probation Violations in Florida

Under Florida Statute §948.06, a violation of probation (VOP) occurs when a person fails to comply with the terms or conditions set by the court as part of their sentence.

There are two main types of probation violations:

  • Technical Violation: Missing appointments, failing to complete classes or community service, or testing positive for a prohibited substance.
  • Substantive Violation: Being arrested or charged with a new criminal offense while on probation.

 

Common examples of probation violations include:

  • Failing to report to a probation officer
  • Missing curfews or mandated programs
  • Failing a drug or alcohol test
  • Changing address without approval
  • Committing a new criminal offense

 

Even minor infractions can result in a warrant for your arrest and a hearing before the court.

How Prosecutors Build Probation Violation Cases

Probation violations are handled differently from criminal trials. The prosecution does not need to prove guilt beyond a reasonable doubt — only by a preponderance of the evidence (meaning it is more likely than not).

Common forms of evidence in VOP cases include:

  • Testimony from probation officers
  • Attendance or compliance records
  • Drug or alcohol test results
  • Police reports from new arrests
  • Witness statements or digital communications

 

Our criminal defense attorneys understand how the State prepares these cases. Our firm closely examines the record and the alleged violation to determine whether the evidence supports the accusation.

Defending Against Probation Violation Allegations

Probation violation cases often depend on communication and documentation. Many violations arise from misunderstandings or logistical problems rather than intentional disregard for the law.

Our defense strategies may include:

  • Lack of intent or willfulness: Showing that the violation was accidental or due to circumstances beyond your control.
  • Factual inaccuracy: Contesting false or unverified claims made by a probation officer.
  • Compliance evidence: Demonstrating proof of attendance, completion, or restitution.
  • Procedural errors: Highlighting violations of due process, such as delayed hearings or lack of notice.
  • Negotiated reinstatement: Working toward continuation of probation rather than revocation or jail.

 

At Roussos Law Group, we work quickly to present mitigating evidence and negotiate reasonable outcomes that preserve your freedom whenever possible.

Possible Consequences of a Probation Violation

If a court determines that a violation occurred, the judge has wide discretion in sentencing. Under §948.06, the court may:

  • Reinstate probation with the same or modified terms
  • Extend the probationary period
  • Revoke probation and impose the original jail or prison sentence

 

Additional consequences may include:

  • Arrest and incarceration pending the violation hearing
  • Loss of good behavior credits or early termination eligibility
  • Fines, restitution, or community service extensions
  • New criminal charges for substantive violations

 

Even a first-time technical violation can have significant consequences, making experienced representation essential.

This information is provided for general educational purposes and may not reflect recent legislative changes. Always consult an attorney for advice about your specific situation.

Frequently Asked Questions

Can I be arrested immediately for a probation violation?

Yes. If a probation officer believes a violation occurred, they may submit an affidavit leading to a warrant for your arrest.

What happens at a probation violation hearing?

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Can I bond out after a VOP arrest?

Bond is not guaranteed in probation violation cases. Your attorney can file a motion requesting bond or a release pending the hearing.

What if I missed a probation meeting by accident?

If the violation was not willful or intentional, documentation and communication may help demonstrate that it was an honest mistake.

Can probation be reinstated instead of revoked?

Yes. Courts may reinstate or modify probation instead of revoking it, particularly for first-time or technical violations.

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Frequently Asked Questions

Can I be arrested immediately for a probation violation?

Yes. If a probation officer believes a violation occurred, they may submit an affidavit leading to a warrant for your arrest.

What happens at a probation violation hearing?

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Can I bond out after a VOP arrest?

Bond is not guaranteed in probation violation cases. Your attorney can file a motion requesting bond or a release pending the hearing.

What if I missed a probation meeting by accident?

If the violation was not willful or intentional, documentation and communication may help demonstrate that it was an honest mistake.

Can probation be reinstated instead of revoked?

Yes. Courts may reinstate or modify probation instead of revoking it, particularly for first-time or technical violations.