Order of Probation
If you agree to enter a plea for a negotiate sentence to probation, you should understand that you essentially have one foot in jail or prison during the term of your probation. If you violate the probation, then you could be sentenced to a lengthy jail or prison sentence.
Contact an experienced criminal defense attorney at the Sammis Law Firm to discuss your case before you agree to be on felony or misdemeanor probation.
Consequences of Violating the Probation Order
If you are considering entering a negotiated plea to a probation or community control sentence in Florida for a felony or misdemeanor offense consider the following:
- Disadvantages: The danger in agreeing to a probation sentence in Florida for either a misdemeanor or felony offense is that if you violate your probation you many be arrested on a no bond warrant and then sentenced to the statutory maximum jail or prison sentence available for that offense;
- Advantages: The main advantage of agreeing to probation is that it allows you to avoid a jail or prison sentence.
- Early Termination: The advantage of agreeing to a probation sentence in Florida is that you may be able to apply for early termination of probation after you have completed all special conditions, and after you have served at least one half of your sentence.
- Sealing the Record: Another advantage of agreeing to a probation sentence in Florida is that you may be eligible to have your criminal record sealed after you have successfully complete probation, have no other convictions on your record, and if the offense is not on a list of offenses that are ineligible offenses.
Standard Conditions Contained in the Probation Order
If you are sentence to probation in Florida, several standard conditions of supervision under Florida law may apply, including the following:
- Costs of Supervision - you may be ordered to pay a monthly payment for cost of supervision towards the costs of supervision as provided by Florida Statute Section 948.09;
- Reporting to Probation Officer- you may be ordered to report to your probation officer (usually in person, although the court can allow you to report by mail in certain cases) at least once each month to provide a truthful and full report on a form provided by your probation officer;
- No Firearms: You may not possess, own or carry any weapon or firearm unless expressly authorized by the court;
- Maintaining the Current Residence and Employment: You must not change your residence or employment or leave the county of your residence without your probation officer's permission;
- No New Law Violations: You must not violate any law and a violation of probation can occur even if you are not ultimately convicted of violating the law;
- No Drugs or Alcohol: You may not use intoxicants to excess or possess any narcotic or drug unless prescribed by your physician, nor may you go to any location where dangerous substances, drugs or intoxicants are unlawfully used, sold or dispensed;
- Avoiding Criminals: You may not associate with any person engage in any criminal conduct;
- Obtain Employment: You must obtain lawful employment after telling your employer of your probation, and support your children to the best of your ability;
- Consent to Visits and Searches: You must allow an officer to come into your home or place of employment;
- Submit to Urine Test: You must pay for and submit to random chemical testing for drugs or alcohol (usually a urine test) requested by your probation officer or the staff of a treatment center;
- Provide DNA Sample: You must provide two samples of your DNA for analysis as required by Florida Statutes Section 943.325 and 948.014.
Special Conditions of Probation in the Order
The Court will also impose certain special conditions of your probation, which are usually negotiated as a part of your sentence before you enter the plea. Special conditions which can be imposed by the courts for either a misdemeanor or felony offense can include one or more of the following:
- Pay any fines and court costs imposed by the court;
- Pay restitution to the alleged victim;
- Submit to and pay for a mental health evaluation and any recommended treatment deemed necessary;
- Submit to and pay for a Drug Treatment Program and aftercare program;
- Submit to a monthly urine test (urinalysis) to determine whether you have ingested any alcohol or illegal drugs:
- Not go to any bar or other establishment where the primary focus of the business is selling or distributing alcoholic beverages;
- Submit to a warrantless search of your personal effects, vehicle, person or property if requested by your probation or community control officer or any law enforcement officer;
- Abide by any curfew;
- Complete community service hours at a placed approved by your probation officer;
- Submit to and pay for electronic monitoring;
- Not associate with any co-defendant during the period of probation;
- Not have any direct or indirect contact with the victim or the victim's family in the case during the term of probation;
- Obtain or maintain full time employment or attend college or vocation school as a full time student during the term of the probation;
- Obtain a GED or high school equivalency diploma;
- Attend Narcotics Anonymous (NA) or Alcoholics Anonymous (AA) meetings as directed by the court;
- Complete the Probation and Restitution Program;
- Complete and pay for the Batterer's Intervention Program or Domestic Violence Program;
- Attend and complete a HIV / AIDS Awareness Program;
If you are sentenced to Community Control, you must comply with certain special conditions of supervision that can include reporting to your probation officer once a week, remaining in your home except when you are at work, maintaining a daily log of your activities, submitting to and paying for electronic monitoring.
Conditions of Drug Offender Probation in Tampa
If you are sentenced to Drug Offender Probation, you must comply with certain special conditions of supervision that can include paying for and successfully completing a specialized drug treatment program on an in-patient or out-patient basis which may include random urine tests (urinalysis) and counseling sessions.
Understanding the Requirements of Probation
If the probation officer alleges that you violated any term of your probation, then the probation officer will complete an affidavit of violation of probation. The court can issue a warrant for your arrest based on the allegations that you violated a term of the probation.
Contact an experienced criminal defense lawyer in Tampa, Hillsborough County, Florida, if you need more information about a probation, house arrest or community control sentence, early termination of probation, or sealing a criminal record after being released from probation in Tampa or Plant City in Hillsborough, FL, or the surrounding areas. Call 813-250-0500 to speak with an attorney about the particular facts and circumstances of your case today.