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Substantive Probation

Though the rules you have to follow on probation can be inconvenient, not following them can result in serious consequences – like going back to jail. Even just being in the wrong place at the wrong time can lead to a probation violation, which is why it’s important to retain an experienced defense attorney to help build your case. Contact Hanlon Law today to schedule a free consultation.


What Is Probation?


Legally speaking, probation (also called “community supervision”) is an alternative to prison time designed to encourage rehabilitation. If you have plead or been found guilty and are sentenced to probation, you will be allowed to return to your normal life under supervision, with certain restrictions that must be followed and/or requirements that must be met. The specifics of those conditions, along with the duration of the probation, will depend on the individual case. Generally speaking, you’ll be assigned a specific probation officer (PO) from the Office of Community Correction, and you’ll be required to regularly check in with him or her. You may also face fines, mandatory rehabilitation classes (like anger management classes), community service, travel restrictions, and rights restrictions, like the right to firearms. 


What are Substantive Probation Violations? 


A probation violation is any action or inaction that goes against the restrictions and/or requirements of your probation agreement. All probation violations are designated as either technical or substantive; technical violations are any that go against a specific term of your probation. So for example, failing to check-in with your probation officer, or leaving the state. If you’re accused of a technical violation, there will be a mandatory hearing to determine whether or not you’re guilty. Unlike a regular trial, these hearings do not have to be in front of a jury, and you are not allowed to “plead the fifth” to avoid testifying against yourself. Technical violations can result in either more strict probationary terms, or the revocation of your probation entirely. 


Substantive probation violations, on the other hand, have almost nothing to do with the actual terms of your probation. Instead, a substantive violation occurs when you commit any crime while on probation. So for example, committing aggravated assault while you’re on probation for armed robbery. If you’re arrested for a crime while on probation, you will be taken to jail to be processed and held until a hearing can occur to determine bail; it’s unlikely, however, that bail will be granted, as you are in violation of existing probation. You’ll remain in jail until such time as a trial can be held for the new crime. If found guilty, your probation for the initial crime will be revoked, and you will have to serve your full prison sentence. In addition, you will have to serve any additional time as dictated by the sentence for the new crime. 


Lakeland Criminal Defense Lawyers 


As you can see, substantive probation violations can lead to compounded jail time and fines, making them very serious accusations that you should take very seriously. If you’ve been accused of a substantive probation violation, it’s vital to get an experienced defense attorney on your side as soon as possible. Will Hanlon with Hanlon Law has nearly twenty years of experience representing the accused. Our legal team will advocate aggressively on your behalf and help you build the best possible defense to secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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