PROBATION and community control
PROBATION AND COMMUNITY CONTROL
Probation or community control is a court-ordered term of community supervision by the Florida Department of Corrections under specific conditions for a designated period of time that cannot exceed the maximum sentence allowable for the offense. There are times where a Judge may grant the privilege of supervision in lieu of part or all of an incarceration sentence. It permits the Defendant to return to the community at large, yet their return is monitored and closely regulated.
While probation has limited flexibility, community control is a residential based sanction of "house arrest." There are certain conditions that a probationer must meet in order to successfully complete his or her term of probation and will be outlined by the court at the time of the sentencing. These conditions can include regular reporting to a probation officer, periodic drug testing, the completion of court-ordered counseling, obtaining a GED, and the payment of fines or restitution.
There are many different actions or inactions that may be considered a violation of supervision. Violations fall into one of two categories, technical and substantive. Technical violations are considered breaking the guidelines of probation, such as changing residences without permission, testing positive on drug screens, failure to report or appear in court, failure to comply, failure to complete treatment/counseling/community service hours, associating with known criminals or possessing a firearm. The other type of violation is substantive, which suggests that while on supervision a crime was committed or there is a new arrest. Any kind of violation may result in the revocation of your probation and the enforcement of the sentence that would have been enforced if supervision had not been granted by the court.
If you have violated your community supervision, this matter should be handled quickly in order to prevent your sudden or unexpected arrest at your home, workplace or elsewhere. Our office understands that there may be valid reasons for you possibly having violated your probation and will work effectively with the Judge to have the warrant dismissed depending on the circumstances.