What happens if i violate my unsupervised probation
Failure to appear in court when ordered is a violation of probation. The terms and conditions of unsupervised probation can be the same as supervised probation. Any violation of the terms can still result in the judge revoking probation and sending the person to jail. On the other hand, if the person follows all terms of the unsupervised probation and is making progress, the judge could terminate the probation early.
In some cases, the person might be eligible for an expungement of their criminal record after completing their probation. The prosecutor in your case may recommend probation to the judge as part of your plea deal. It is up to the judge whether to grant probation. The terms of your probation are also up to the judge. However, your criminal defense lawyer can make requests for special circumstances.
For example, if you need to travel for your job, your attorney may request an exception for travel for work purposes. Probation terms may not always be favorable, but in most cases, they are preferable to spending time in jail. You can continue to work, go to school, spend time with your family, and enjoy life outside of jail as long as you follow the terms of your probation.
Toll Free Unsupervised probation operates under the honor system. There is no probation officer to report to or monitor your compliance. Instead, you are simply expected to refrain from any illegal activity and pay applicable restitution or court fees. Probation comes with a set of rules, ranging from the broad expectation to show up to court hearings and refrain from breaking any laws to more specific requirements such as completing community service or avoiding certain people or places.
Engaging in an activity you are not supposed to, known as substantive violations, or failing to satisfy a condition of your probation, a technical violation, is considered a probation violation. Generally, a new conviction is considered a substantive violation; however, a conviction for a class three misdemeanor or simple infraction is only technical violations. The severity of the related punishment is impacted by the category of the probation violation. However, judges only grant probation to individuals who are unlikely to commit future offenses.
If you have been found guilty of repeated offenses or serious felonies, it is unlikely that you will receive unsupervised probation. If the judge handling your case determines that unsupervised probation is appropriate, they will determine the length of the probationary period. In Florida, the majority of unsupervised probation periods are issued for four years.
However, the judge could issue a probationary period that lasts as little as six months or as long as ten years. If you violate any of the terms of your probation, you could be arrested and charged with a Violation of Probation VOP.
Florida has very strict probation laws. If you are charged with a VOP, it is likely you will face further penalties or jail time. VOP consequences depend on the classification of your violation. VOPs are classified as either technical or substantive violations. Technical probation violations include minor breaches of probation, such as failing to pay a court fee or missing a court-ordered class. There are several things the judge will consider when deciding whether to order unsupervised probation as a sentence.
These include:. Ultimately, a judge must believe that the offender will stay out of trouble and be a productive member of society, without first being supervised by a probation officer or put in jail. Unsupervised probation comes with a set of rules called terms of probation the offender must follow. Obeying all state and federal laws is a requirement included in every unsupervised probation sentence. Additional rules might include:. In Ohio, unsupervised probation can last up to 5 years.
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