When an offender is sentenced to probation, they shall be assigned a probation officer, set up with a case management plan, and must report to their officer at leastonce a month, although you may be required to check in more frequently than that. Aside from that, someone who is given time on probation is also required to comply with any orders and conditions the court has given. For example, someone on probation may be required to complete a certain number of community service hours within a specific timeframe or they must check in weekly with their probation officer to avoid violating the terms set forth in their probation order.
When an individual violates any single condition stipulated in their probation order, generally a warrant is issued for their arrest [Source: Broward Sheriff’s Office]. However, the court has created a Misdemeanor Alternative Sanctions Program for those charged with a misdemeanor crime as well as a Felony Alternative Sanctions Program for non-violent offenders who committed a minor or technical violation of probation. What this program does is help prevent an offender from being jailed, however, the type of violation they committed ultimately determines if they are eligible to take part in the program. Some other eligibility requirements the Circuit Court of the Seventeenth Judicial Court in Broward County says must be met in order for an offender to take advantage of the program include:
- They must have been placed on probation under the supervision of the Broward Sheriff’s Office by a judge in Broward County.
- They must have stable community ties.
Before it can be determined if an offender qualifies for the program, the following will be taken into account.
- An offender’s level of threat.
- The nature of their offense.
- Their criminal history.
- The nature of the alleged violation.
- Any other factors a judge may feel needs to be considered.
Now, as we mentioned above, there are only certain types of violations in which an offender can be relieved from being jailed. Below are the acceptable types of violations for misdemeanor offenders.
- The offender failed to report changes in residence or employment without first obtaining their officer’s consent.
- They failed to request permission prior to leaving the county or country.
- They reported late or failed to report as instructed, however, they still reported to their officer within 20 calendar days.
- They tested positive during a drug test for non-prescribed drugs, but it was their first time doing so.
- They failed to submit to a random drug test.
- They failed to maintain employment.
- They failed to answer questions truthfully.
- They failed to comply with their officer’s instructions.
- They failed to pay Cost of Supervision (COS).
Now, each of the violations listed above comes with a list of sanctions that have been approved by the court for the assigned probation officer to choose from when reporting the technical violation. These sanctions serve as an alternative to an offender being placed in jail.
Now, before assuming you qualify for the misdemeanor or felony program, you are encouraged to contact a FL violation probation attorney as soon as possible as you still could potentially be thrown in jail for violating your probation in Broward County, FL. If you need to speak with a violation probation lawyer in Fort Lauderdale, FL who has a history of obtaining successful outcomes in her cases, contact attorney Gabriela C. Novo today.
Gabriela C. Novo, P.A. is located at:
200 S.E. 6th Street, Suite 102
Fort Lauderdale, FL 33301