Call Us +1-555-555-555

Call Today - Available 24/7

YOUR FUTURE IS ALL THAT MATTERS

VIEW OUR OFFICE LOCATIONS
Criminal Defense Lawyer in Orlando, FL

Technical Probation

The requirements and restrictions of probation can be inconvenient to abide by, but it’s important to remember that probation is a privilege. Violating the terms of your probation can lead to severe consequences, including returning to prison to serve your full sentence. If you’ve been charged with a probation violation, contact Hanlon Law today to schedule a free consultation. 


What Is Probation?


In the legal world, probation (also called “community supervision”) is essentially an alternative to prison time that is designed to rehabilitate convicted criminals and discourage any return to crime. In some cases, you can be sentenced to a probationary period without serving any time in prison. In other cases, you can be granted probation after serving some time in prison in lieu of completing the full sentence. 


While both misdemeanors and felonies may result in probation rather than prison time, felony probation generally has more severe conditions, more frequent check-in requirements, and a longer overall duration. 


Probation is, at its core, an agreement between you and the court. You are allowed to return to normal life, under the condition that you abide by the terms of your probation. These terms will vary depending on your case, but some are universal. For example, all probationary periods require regular check-ins with the Office of Community Corrections. In most cases, you’ll be assigned a specific probation officer (PO) to report to. 


Other common terms involve either remaining in the state, or notifying your PO officer if you intend to leave the state, and checking in with a PO officer in whatever state you travel to. Those on probation also often see restrictions such as not being allowed within a certain radius of firearms. 


Community service is another common requirement. Depending on the circumstances of your case, you may also be required to attend rehabilitative programs, like anger management classes, addiction recovery, or domestic abuse rehabilitation. 


What Are Technical Probation Violations? 


A probation violation is when you do something that violates your probation agreement. There are two kinds of probation violations: technical and substantive. Substantive probation violations (also called “new law” violations) occur when you commit a new, separate crime that is unrelated to the crime you are currently serving probation for. 


Technical probation violations are much simpler; these occur when you fail to abide by a restriction or fail to fulfill a requirement as determined by the terms of your probation. For example, missing a check-in with your probation officer, missing a mandatory rehabilitation class, skipping a community service session, or being found in possession of a firearm. 


Where substantive probation violations go through the entire judicial process in order for you to be charged, technical probation violations can be submitted by your probation officer with reasonable cause alone. A hearing is required, where you and your legal defense are allowed to contest the accusation. However, it’s important to note that technical probation violation hearings are exempt from certain trial rights that are otherwise standard. Most notably, these hearings do not have to be held in front of a jury of peers, and you cannot invoke the fifth amendment (the right to remain silent). Hearsay is also admissible, and generally speaking, the standard of proof (amount of evidence required to secure a ‘guilty’ verdict) is much lower. 


It’s important to note that technical and substantive violations are handled differently. A substantive violation, or the commission of a new, unrelated crime while on probation, must be proven beyond reasonable doubt in a court of law as demanded by the Constitution. 


What Are the Consequences for Technical Probation Violations?


If your parole officer has reasonable cause to believe you have committed a technical probation violation, he or she can submit an affidavit to the courts, which may result in an arrest warrant. The parole officer or any other officer can then arrest you on suspicion of violating your probation, and you will likely be required to wait in jail until a hearing can be held.


If you are found guilty of committing a technical probation violation, there are a wide range of consequences you might see. Generally speaking, the consequences depend heavily on whether or not this is a first-time offense, and how ‘severe’ the offense is. For example, say you miss an anger management class as required by your probation agreement. This is the first class you’ve missed, and you missed it due to an illness. You might be “let off with a warning” in such a situation, especially if you have no other violations to speak of. 


If, however, you are found in possession of a firearm, or have committed multiple violations, you may see more significant consequences, such as additional fines, more restrictive probation terms, or even the revocation of your probation entirely, meaning you’ll go to jail.


Lakeland Criminal Defense Lawyers 


If you’ve been accused of a technical probation violation, even for something seemingly simple, it’s always in your best interest to retain an experienced defense attorney to advocate on your behalf. Will Hanlon with Hanlon Law has been representing the accused for nearly twenty years. Our legal team will help you understand what you’re being accused of and develop your best possible defense. Contact us today to schedule a free consultation.

Share by: