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Have you violated probation? Are you wondering what your rights are? If found guilty of violating probation, a judge can sentence you to the maximum penalty you faced before being placed on probation, including jail or prison. To avoid this from happening, it is important that you have competent legal counsel. At The Umansky Law Firm in Orlando, FL our violation of probation lawyers represent people charged with all types of probation violation offenses and can help you with all related inquiries, such as

What Is Considered a Violation?

When you are placed on probation, there are strict guidelines that you must follow. In a situation where one of the guidelines is not being followed or a rule is broken, it is considered a violation of probation. It is up to your probation officer to determine whether or not to "violate" you.

  • If your probation officer suspects that a condition of your probation has been violated he or she will file an affidavit which will need to be signed by a judge.
  • If you are on probation for a misdemeanor offense you will go in front of the county judge which will likely be the same judge that handled your original case.

Penalty For Violation of Probation in Florida

Think about the lure or the bait that's placed on the hook as temptation. It could be that you were ordered to pay a fine or court cost, but you'd rather spend that money buying a gift for a friend, or new girlfriend. You may have been ordered to complete a class, but you would rather go gamble at Hard Rock Casino. Think about that temptation as fishermen's bait; getting hooked can be a painful thing. If you violate probation, you're the fish clamping down on the hook after taking the bait. And once you clamp down on that hook and violate your probation, the judge or the prosecutor begins to reel you in. Penalties for violating probation can vary, but often include the following:

  • Loss of Driver's License
  • Community Service
  • Payment of Court Cost and Fines
  • Jail or Prison Time

What Happens After You Are Arrested for a Probation Violation?

In most cases, judge is not happy that you didn't follow the terms of probation that they personally placed. Initially, they usually won't give you a bond. When you get picked up on that violation of probation, you'll be sitting in jail until either you resolve your case, or a lawyer is hired to do a bond motion.

Violation of probation proceedings are different from other criminal proceedings, as shown below:


Other Proceeding

Bond Review

(You may sit in jail until your hearing.)


Right to Jury Trial

(The judge will hear your case.)


Burden of Proof

Preponderance of evidence

Beyond a reasonable doubt

Forced to Testify



You might not know this, but when a judge violates your probation, usually there is no bond. If you hire a probation lawyer in advance, that lawyer can prepare and then file, almost simultaneously, a bond motion to get you in front of the court, because in many cases if it's a minor violation, the judge will then set bond.

Getting Through Probation

Always keep track of everything you do during probation. Each time you speak with your probation officer make note of it in a log book. Here a few more tips to help you get through your probation:

  • Never miss an appointment.
  • Communicate regularly with your probation officer. Email is a great way to do this.
  • If you are short on funds to pay a fine, speak with your probation officer and show him what you did to try to make a payment.
  • If you are without a job, show proof of your job search. Document emails and communication with prospective employers.
  • If you are in school, make sure to keep your grades up. This looks very good in front of a judge.
  • Attend any court ordered or recommended counseling sessions.

While these things may sound like a hassle to do, just remember how much better life is outside of jail. Putting some effort into your probation will help you successfully finish so you move on with your life.

Contact an Orlando Probation Violation Arrest Attorney

Remember, being put on probation is a serious problem. You may face the consequences of your original charge, you could be in jail for an extended period of time without the chance for bond, and you can lose the trust of your judge and probation officer. At The Umansky Law Firm, our experienced criminal defense lawyers can help you fight your probation violation. Please contact us online or call one of our probation attorneys at 407-228-3838.

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