A violation of your probation in Florida can be an extremely serious matter. If you’re found in violation, that can mean your serving many more years in jail than you otherwise would have without the violation. Given that many years of your freedom can be on the line, it is exceptionally important that you take a violation of probation matter very, very seriously. Be sure you have a knowledgeable Pinellas County probation violation attorney on your side to protect your rights and your freedom.
I.H. was someone who was out on probation but who did not stay out on probation. The state asserted multiple bases for violating I.H.’s probation. While I.H.’s probation was ultimately violated because he admitted in open court that he committed the crime of resisting a police officer without violence, his case still went before the Second District Court of Appeal. The part of that court’s ruling addressing some of the other alleged bases for violating I.H.’s probation offers some potential good news for others on probation.
In I.H.’s case, the state alleged he failed to pay court costs and failed to pay the costs of his drug testing. These were two of the “special conditions” of I.H.’s probation. A court may order a probationer to pay court costs and to pay for his drug testing as special conditions of probation, and violate that probationer’s probation if he doesn’t pay. The key thing is, though, that the trial judge has to explicitly include those conditions in the order of probation. If a condition (like paying court fees or drug testing charges) is not included in a person’s order of probation, the probation cannot violate the terms of his probation by failing to do it.