How Does Probation Work In Florida?

In a nutshell, probation in Florida is supervised release. Contrary to popular myth, probation is not a “slap on the wrist.” The conditions are so restrictive that being on probation isn’t much different than serving time in jail, except the cell is bigger and unlimited visitors are allowed. Additionally, because the conditions are so restrictive, motions to revoke probation are commonplace. More on these things below.

Probation, especially felony probation, involves other post-conviction matters as well, such as early discharge. So, a West Palm Beach criminal defense lawyer continues to advocate for a defendant after the judge’s gavel falls. Such advocacy further reduces the harsh direct and indirect consequences of a criminal conviction.

Conditions of Probation

In a previous post, we discussed the conditions of bail bonds and pretrial release. Probation conditions are similar. They usually include:

• Meetings with Supervision Officers: Generally, most probationers must personally meet with supervision officers at least twice a month. Probationers must provide documents for inspection, such as W-2s, pay stubs, and report cards. These meetings aren’t dental appointments. Probation officers set them according to their schedules and don’t reschedule them.
• No Further Arrests: Any arrest in any jurisdiction, other than a municipal traffic ticket, automatically violates probation. On a related note, most probationers must also avoid disreputable people and places. No one is exactly sure what this phrase means.
• Drug Tests: This condition is especially common in drug and DUI cases. Exact provisions vary, but generally, the probation officer calls or pages the probationer at a random time and orders that person to take a drug test within two hours. The probationer must drop everything and go to a clinic.

Other conditions are buried in the fine print. A Fourth Amendment waiver is a good example. Probationers must often consent in advance to all police searches and seizures.

Probation Violations

The three major probation conditions above also illustrate the three major options a West Palm Beach criminal defense lawyer has in a probation violation matter.

If the probationer misses an appointment, an attorney can often reschedule it without penalty, if the lawyer acts quickly (usually within twenty-four hours) and the probationer has a valid excuse for missing the appointment.

Subsequent arrests automatically violate probation. An attorney must resolve the motion, not the underlying problem. Possible resolutions include brief incarceration, a longer term, and/or more restrictive terms as a condition of reinstatement. Immigration issues and probation, a related issue, are quite problematic.

Drug tests often involve technical issues, such as the quality of the sample or the preservation method used. Extreme technical issues usually prompt judges to throw these samples out of court.

Early Discharge

Judges have broad discretion to add or modify conditions at almost any time. This discretion could work in the probationer’s favor as well.

In Florida, probationers can petition for early termination after completing at least half of their probationary periods. They must also be completely paid up (except future supervision fees) and have any special conditions of probation imposed by the court, such as community service, substance abuse treatment, and self-improvement classes, under their belts.

Even if they meet the minimum qualifications, judges often don’t simply let probationers go early. Unsupervised probation (no conditions) may be an option in these cases.

Contact a Detail-Oriented Palm Beach County Lawyer

Criminal cases usually involve procedural, substantive, and/or procedural defenses. For a confidential consultation with an experienced criminal defense lawyer in West Palm Beach, contact William Wallshein P.A. Attorney William Wallshein has more than 38 years of experience, including five years as a prosecutor in Palm Beach County.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.03.html