In Florida, you can be in violation of the terms of your probation for many, many different reasons. Even something as simple as missing an appointment with your probation officer can lead to revocation of your probation and a sentence of years behind bars. While the state has the authority to find you in violation for a host of reasons, the burden during your probation hearing always falls on the prosecution to prove each element of the violation, not for you to prove that you didn’t violate. That means that, with the help of a skilled Tampa Bay probation violation lawyer, you have many ways to defeat the state’s case, whether it’s affirmatively disproving the violation or simply persuading the court that the state didn’t meet its burden of proof.
Take, for example, B.W., a Pasco County man charged with misdemeanor petit theft in 2019. He pled no contest and the court sentenced him to 12 months of probation. The court also ordered him to pay court costs and fines, and to perform 50 hours of community service.
By late September of that year, the state was back in court seeking a judgment that B.W. had violated his probation. The prosecution alleged that the man had stopped showing up for appointments with the probation department, had failed to pay the fines and court costs he owed and had failed to perform his community service.