A violation of probation in Broward County usually starts with an affidavit from your probation officer and an arrest warrant. There is no automatic right to bond, and a judge, not a jury, decides whether you willfully and substantially violated probation. If the judge finds a violation, you can be sentenced up to the maximum penalty for your original charge, so a strong defense matters from day one.
Key takeaways
- Florida probation violations are decided by a judge without a jury.
- There is no automatic right to bond on a VOP warrant.
- The State must prove the violation was willful and substantial.
- A judge can revoke probation and impose up to the original maximum sentence.
- Low risk technical violations may qualify for alternative sanctions under § 948.06, Fla. Stat..
What counts as a probation violation in Florida?
Probation comes with conditions, and breaking any of them can lead to a violation. Florida courts usually sort violations into two groups.
- Technical violations. Missing a meeting with your probation officer, failing a drug test, not paying costs or restitution, missing curfew, not completing community service or classes, or moving without permission.
- New law violations. Being arrested for a new crime while on probation. This is treated far more seriously, even if the new charge has not been proven.
What happens after a probation violation affidavit is filed?
Your probation officer files an affidavit with the court describing the alleged violation, and a judge usually signs a warrant for your arrest. Many people learn about the warrant during a traffic stop or when they report to probation.
Unlike a new arrest, you do not have an automatic right to bond on a violation of probation. The judge who handles your case decides whether to release you while the violation is pending, and in many cases you can be held until your hearing. An attorney can ask the court for release or for a quick resolution.
Facing this situation in Broward County? Talk to a defense attorney today.
How does a probation violation hearing work?
A probation violation hearing is held in front of a judge, not a jury. The State must prove by the greater weight of the evidence that you violated a condition of probation and that the violation was willful and substantial. Hearsay is allowed at these hearings, but a violation cannot be based on hearsay alone.
That standard creates real defense opportunities. Missing a payment because you could not afford it, missing an appointment because of a medical emergency or a misunderstanding about instructions may not be willful. Showing proof of employment, treatment, payments and good conduct can also persuade the judge to continue or modify probation instead of revoking it.
What sentence can I get for violating probation?
If the judge finds a violation, the court can continue probation, modify it with new conditions, extend it or revoke it. If probation is revoked, the judge can impose any sentence that was available for the original offense, up to the statutory maximum. For a third degree felony, that can mean up to five years in prison, even if your original sentence included no jail at all.
For some low risk technical violations, § 948.06, Fla. Stat. allows alternative sanctions in place of a formal violation hearing, such as additional community service or a short period of increased supervision. Whether that option is available depends on your case and your history.
What should I do if I think I violated probation?
- Do not ignore it and do not discuss the violation with your probation officer before getting legal advice.
- Gather proof such as pay stubs, medical records, treatment records and payment receipts.
- Call a defense attorney who can check for an active warrant and, when appropriate, arrange a surrender plan.
- Keep complying with every other condition of your probation.
Frequently asked questions
Can I get bond for a probation violation in Florida?
Not automatically. The judge decides whether to release you, and many people are held until the violation is resolved. An attorney can ask for release.
Does a new arrest violate my probation?
A new arrest is usually treated as a new law violation. The judge can find a violation even before the new case is resolved, so both cases need a coordinated defense.
Is there a jury at a probation violation hearing?
No. A judge decides the case, and the standard of proof is lower than at a criminal trial.
Can I go to prison for a technical violation?
Yes. If probation is revoked, the judge can impose up to the maximum sentence for the original offense, although many technical violations are resolved with modified conditions.
Related practice areas
Practice areaCriminal Defense Attorney
Practice areaDrug Crimes Defense Attorney
Practice areaFirst-Time Offenders Defense Attorney
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Florida law referenced: § 948.06, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.