Probation Violations: Technical vs. Substantive

Probation, though inconvenient, is a generous offer in the face of actual prison time. However, extreme restrictions, technicalities, and even “wrong place, wrong time” accidents can lead to a probation violation and, subsequently, severe consequences. If you’ve been charged with a probation violation, contact Hanlon Law today to get started on your best possible defense.

What Is Probation?

Legally speaking, probation (also called “community supervision”) is an alternative to prison time designed to encourage rehabilitation. If you have plead or been found guilty and are sentenced to probation, you will be allowed to return to your normal life under supervision, with certain restrictions that must be followed and/or requirements that must be met. The specifics of those conditions, along with the duration of the probation, will depend on the individual case. 

Whether or not you have the option of probation will depend on your case. Generally speaking, however, minor and/or non-violent crimes are good candidates. Additionally, first-offenders are more likely to be granted probation than second or other subsequent 

offenders. 

What Does Probation Entail?

All probationary periods require you to periodically and faithfully check in with the Office of Community Corrections. Generally, you will be assigned a specific probation officer (PO) to report to. Depending on availability in your area, you may instead be assigned to a parole officer or other community supervision officer.

In addition to regular check-ins, you will likely face monetary consequences, such as fines, court costs, and even restitution. 

Any other restrictions and/or requirements will vary depending on the crime in question and the judge’s discretion (assuming they have the liberty to do so and are not bound by mandatory specifics). You may have to attend rehabilitative programs, such as anger management classes or addiction rehabilitation. Community service is also a common requirement.

While both misdemeanors and felonies may result in probation rather than prison time, felony probation generally has more severe conditions, more frequent check-in requirements, and a longer overall duration. 

What is a Probation Violation? 

A probation violation is when you fail to abide by or fulfill one of the conditions of your probation. This could be as simple as missing a check-in with your probation officer, or as severe as committing a felony. 

What specifically qualifies as a violation will depend on the specific requirements and restrictions of your probation. However, all violations in the state of Florida are classified as either technical or substantive. 

Technical vs Substantive Probation Violations

A technical probation violation is any action or inaction that goes against what your specific probation agreement demands. For example, failing to check in with your parole officer, missing a mandatory rehabilitation class, or being found in possession of a firearm are all common technical probation violations. 

A substantive probation violation (also called a “new law” violation), on the other hand, is when you commit a “new crime” (violate a “new law”) while on probation. Essentially, this means that you, while on probation, committed a crime that is different than the crime you were sentenced to probation for. 

For example, if you are sentenced to probation for aggravated assault, and then, while on that probation, you are charged with shoplifting, you have committed a substantive probation violation.

It’s important to note that technical and substantive violations are handled differently. A substantive violation, or the commission of a new, unrelated crime while on probation, must be proven beyond reasonable doubt in a court of law as demanded by the Constitution. 

A technical probation violation, however, is not subject to such rights. The most common way to be accused of a technical probation violation is by your probation officer, who can, with reasonable cause, complete an affidavit of probation violation (a signed statement confirming a violation). This can lead to an arrest warrant. 

A hearing is required for technical violations; however, these types of hearings are exempt from certain standard rights of a trial, such as a jury of peers and the right not to testify against yourself (the Fifth Amendment). In addition, hearsay is admissible, and the standard of proof is much lower. 

What Are the Consequences for Violating Probation?

If you are found to have violated probation, you could face a wide range of consequences. Typically, you will be arrested, which could result in jail time pending trial or hearing. 

For technical violations, the court can modify your probation requirements or revoke it altogether. For example, say you were sentenced to 5 years probation instead of 2 years of jail. You may be required to pay additional fines, and your parole could be extended further than the original 5 years. You may also see other more restrictive terms, depending on the circumstances. Or, you may lose the privilege of probation altogether, and be sentenced to those 2 years in jail (or more). 

In the case of substantive violations, you will most likely see your probation revoked and be sentenced to jail time instead. You will also likely be tried for the new crime, and (if found guilty) be subject to any and all sentencing the law demands for that crime. 

Probation Violation Defense Lawyer Near You

If you’ve been charged with a substantive or technical probation violation, your best bet is to seek legal counsel immediately. At Hanlon Law, our experienced team offers nearly two decades in the defense business. We’ll help you determine the best possible strategy and help you secure the best possible outcome. Contact us today to schedule a free consultation.

Contact Us

Call Today

407.987.3836

Practice Areas

Child Abuse Lawyer

Student Legal Services

Domestic Violence Charges

Driving on a Suspended License

Drug Crime Lawyer

DUI Attorney

Injunction

Leaving the Scene of an Accident

Probation Violation

• Probation Violations: Technical vs. Substantive

Reckless Driving

Sex Crime Lawyer

Theft Charges

Violent Crime Lawyer

White Collar Crime