In short, yes. Tampa violation of probation attorneys are often asked about whether misdemeanor or felony probation can be violated solely for a probationer failing to meet their financial obligations, like paying the cost of supervision, court costs, fines, restitution, etc. Yes, one’s probation can be violated simply for failing to pay for things associated with probation.
As we have discussed elsewhere on our Tampa violation of probation attorney blog, there are two types of violations of probation – substantive and technical. Substantive violations of probation involve the probationer are accused of committing a new law violation. Technical violations solely involve the probationer failing to comply with the terms of their probation. It is worth noting a probationer can violate for both at the same time. In Tampa/Hillsborough County, all technical violations of probation go before Judge Perry, substantive violations go before the original judge, who placed the individual on probation.
Additionally, we have discussed elsewhere on our Tampa violation of probation attorney blog that any violation of probation must be “willful”. This is the critical analysis in these types of cases, solely involving financial technical violations of probation. Ultimately, these matters must proceed to an evidentiary hearing before a judge to determine whether the failure to comply with the financial conditions was “willful”. These determinations are extremely fact intensive; they often involve either the Assistant State Attorney, assigned to the case, or the Judge questioning the probationer concerning their discretionary spending. The primary areas of inquiry include areas related to tobacco use, alcohol use, cell phone bills, etc.
If you or someone you know has questions related to a Tampa violation of probation, contact the Tampa violation of probation attorneys of Hackworth Law for a free case consultation. We have handled thousands of violations of probation throughout the entire Tampa Bay Area. If you would like to contact one of our Tampa violation of probation attorneys, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate you taking the time to check out our Tampa violation of probation attorney blog, we look forward to working with you.