Can I get bond on a probation violation in Florida?

A probation violation is not a new crime. It is an accusation that the person broke a condition of supervision, and it is decided by the judge who imposed the probation, under section 948.06. Because the person has already been sentenced, the usual pretrial release rules do not fully apply, which is why families are often told "no bond" at first. How Mr. Mead defends these accusations is on our probation violation defense page. The other charges he handles are under criminal defense.

What happens after a violation arrest, step by step?

1. The affidavit or the arrest. A probation officer files an affidavit of violation and the judge issues a warrant, or an officer arrests without a warrant on reasonable grounds of a material violation (s. 948.06(1)(a), (b)). For someone with no "qualifying offense" history, the judge may issue a notice to appear instead of a warrant (s. 948.06(1)(b)).
2. Probation stops running. Once the affidavit is filed and a warrant, warrantless arrest or notice to appear follows, the probation period is tolled until the court rules (s. 948.06(1)(g)).
3. First appearance. If the violation is a new law violation and the person does not admit it, the first appearance judge may hold the person, release him or her with or without bail, or send the case to the sentencing judge (s. 948.06(1)(e)2.).
4. The bail decision. In setting bail, the court may consider whether the person "is more likely than not to receive a prison sanction for the violation" (s. 948.06(1)(e)3.).
5. The violation hearing. If the violation is not admitted or dismissed, the person must have "an opportunity to be fully heard" in person or by counsel (s. 948.06(2)(d)).
6. The decision. The judge may revoke, modify or continue probation, or impose community control. On revocation, the judge may impose any sentence that could originally have been imposed (s. 948.06(2)(e)).

Who cannot get bond before the hearing?

A "violent felony offender of special concern" is a person on felony probation or community control for a qualifying offense, or with a prior qualifying conviction, or who is found to have violated by committing one, among other categories (s. 948.06(8)(b)). The qualifying offenses include kidnapping, murder, aggravated battery, sexual battery, robbery, carjacking, first- and second-degree burglary, arson, aggravated assault and aggravated stalking (s. 948.06(8)(c)). How bond works in ordinary cases is explained in how bond is set in Florida.

What is a technical violation, and does it always mean jail?

A technical violation is any alleged violation that is not a new felony, misdemeanor or criminal traffic offense (s. 948.06(1)(c)). For those, the probation officer must check whether the person qualifies for the circuit's alternative sanctioning program, which can resolve the violation without filing an affidavit (s. 948.06(1)(c), (9)). The statute lists "low-risk" violations, including a positive drug or alcohol test, failing to report, missing a class or treatment session, a curfew violation, falling behind on a monthly payment or community service quota, and leaving the county without permission (s. 948.06(9)(b)).

Even when a low-risk technical violation reaches the judge, the court must modify or continue probation, rather than revoke it, if the term is probation, the person is not a violent felony offender of special concern, and no earlier violation was found during the term; the court may add up to 90 days in county jail as a condition (s. 948.06(2)(f)). For failure to pay restitution or supervision costs, the person who claims inability to pay must prove it by clear and convincing evidence (s. 948.06(5)).

Where are violation cases handled in Palm Beach County?

The Palm Beach County State Attorney keeps a branch office in the jail building at the Criminal Justice Complex on Gun Club Road that "handles first appearances of new arrestees, felony and misdemeanor arraignments, custody and violations of probation." So a person arrested on a violation warrant in Palm Beach usually first sees a judge there, as described on the Palm Beach County jail and first appearance page. In Broward, first appearance is held at the Central Courthouse in Fort Lauderdale, covered on the Broward Central Courthouse page.

What changes the answer?

• New law violation or technical. A new arrest changes the bail analysis and can bar bond for qualifying offenses (s. 903.0351(1)(b)).
• The original offense. Probation for a qualifying offense, or a prior one, can make the person a violent felony offender of special concern (s. 948.06(8)(b)).
• Felony or misdemeanor probation. The special-concern and no-bail rules apply to felony probation and community control; misdemeanor probation usually runs no more than 6 months unless the court sets otherwise (s. 948.15(1)).
• Prior violations. The mandatory modification rule applies only if no violation was previously found in the current term (s. 948.06(2)(f)1.d.).
• The likely sanction. The court may weigh whether prison is more likely than not (s. 948.06(1)(e)3.).
• Later sentencing. When a felony probation violation is before the court for sentencing, 6 points are added for each violation, or 12 when it includes a new felony conviction (s. 921.0024), as shown in how a Florida felony sentence is calculated.
• Money only. A violation based solely on unpaid costs, fines or restitution does not trigger the no-bail rule (s. 903.0351(2)).

A worked example

For example, take a hypothetical man on felony probation for a third-degree grand theft in Palm Beach County who misses two appointments and tests positive for marijuana. Those are low-risk technical violations, so his officer would first consider the alternative sanctioning program. If an affidavit and warrant were filed anyway, he could ask for release at first appearance, and if the judge later found the violation, the law would require modifying or continuing his probation, with up to 90 days in jail as a condition, because it is his first violation in the term. If instead he had been arrested for a new aggravated battery, a qualifying offense, s. 903.0351 would bar bond until the violation hearing. This illustration is not a prediction for any case.

Common mistakes people make

• Admitting the violation at first appearance without advice; an admission can send the case straight to the sentencing judge.
• Assuming "no bond" is final; for most people the judge can set bail after a request.
• Ignoring a notice to appear issued instead of a warrant.
• Not bringing proof of efforts to pay when the violation is about money.
• Discussing the new arrest on recorded jail phones.
• Waiting to gather proof of compliance, such as class certificates and pay stubs.

What to do this week

1. Get a copy of the affidavit of violation and note exactly which conditions are alleged.
2. Collect proof of compliance: reporting records, payment receipts, class and treatment certificates, employment records.
3. Write down the sentencing judge and the original case number.
4. If the violation is a new arrest, keep the two cases separate in your notes.
5. Ask a defense attorney to request a bond hearing where the law allows one.

Frequently asked questions

Is there a right to bond on a violation of probation?

No automatic right. The judge may hold the person or release him or her with or without bail (s. 948.06(2)(c)), unless s. 903.0351 forbids release.

How long can someone sit in jail before the violation hearing?

The statute requires a hearing "as soon as may be practicable" if the violation is not admitted or dismissed (s. 948.06(2)(d)). Timing depends on the court's calendar.

Does my probation keep running while the violation is pending?

No. It is tolled from the filing of the affidavit and the warrant, arrest or notice to appear until the court rules (s. 948.06(1)(g)).

What sentence can the judge give if probation is revoked?

Any sentence that could have been imposed originally, up to the statutory maximum for the offense (s. 948.06(2)(e)). The ceilings are in our chart of Florida criminal penalties.

Can a missed payment lead to jail?

It can be a violation. But if the person proves by clear and convincing evidence that he or she could not pay despite sufficient bona fide efforts, the court must consider alternate measures of punishment other than imprisonment, and may imprison only if those are not adequate (s. 948.06(5)).

Does a withhold of adjudication change anything?

If probation is revoked, the court adjudges the person guilty unless he or she was already adjudged guilty (s. 948.06(2)(b)). The meaning of a withhold is explained in what a withhold of adjudication is.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a violation case, the first hearing often decides whether a person waits in jail, so preparing proof of compliance and a release request early matters. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If someone you know is held on a violation warrant, a confidential call to (561) 362-6677 is a sound first step.

Request a Call Back