When a judge convicts a defendant through either trial or a plea, the judge can choose from many options for sentencing: incarceration, probation and/or pay a fine. Probation is an alternative to sentencing a defendant to jail after a judge has found a defendant as guilty (convicted). If probation is violated, the defendant can receive the maximum punishment of the crime that was committed. For example, if someone is on probation for a third degree felony, they have face up to five (5) years on the violation of probation state prison.
Probation requires a person to follow certain rules and conditions. There are two types of conditions: general conditions and special conditions. General conditions are conditions that are statutory and will not be specifically told to you by your judge. General conditions, according to FL Statute 948.03, consist of things such as: reporting to the probation supervisors as directed, permit such supervisors to visit him or her at his or her home or elsewhere, work faithfully at suitable employment, remain within a certain place, and live without violating any law. Arguably, the most important general condition is that the probationer will not commit new law violations. Violations of probation including new law violations are generally the most severe by Florida criminal court judge. Special conditions are conditions specifically chosen by the judge and the judge verbally issues you. Special conditions often times consist of community service hours, curfews, drug and/or alcohol testing and/or therapy and/or fines.
For more questions regarding probations and violations of probation, schedule a free consultation with the experienced attorneys of Hackworth Law.