Violation of Probation

A violation of probation (VOP) in Florida is either technical (failing a condition like reporting, fees, or curfew) or substantive (a new arrest for new law violations). There is no bond right on a VOP warrant, no jury trial — a judge decides — and the burden is only "greater weight of the evidence," not beyond reasonable doubt. A substantive VOP can expose the defendant to the maximum penalty of the underlying offense. Defenses include contesting willfulness of technical violations, challenging the sufficiency of the new-arrest evidence, and negotiating reinstatement rather than revocation.

Related posts

Categories

No categories for this tooltip.