Probation Under Florida Law
"Probation" is a legal supervision program ordered by a court under certain circumstances when a person is found guilty of some "eligible" types of crimes. If you are put on probation, a Probation Officer will monitor if you comply with the court-ordered conditions.
A person under probation, the probationer, has a completely different status than an ordinary citizen. Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed.
If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court he/she might be eligible for an early termination of probation.
The 2006 Florida Statutes define the following forms of supervision to be administered by the Department of Corrections:
- "Administrative probation" - A form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to nonreporting status until expiration of the term of supervision.
- "Community control" - A form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.
- "Criminal quarantine community control" - Intensive supervision, by officers with restricted caseloads, with a condition of 24-hour-per-day electronic monitoring, and a condition of confinement to a designated residence during designated hours.
- "Drug offender probation" - A form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing.
- "Probation" - A form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03.
- "Community residential drug punishment center" - A residential drug punishment center designated by the Department of Corrections. The Department of Corrections shall adopt rules as necessary to define and operate such a center.
- "Sex offender probation" or "sex offender community control" - A form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training. An officer who supervises an offender placed on sex offender probation or sex offender community control must meet as necessary with a treatment provider and polygraph examiner to develop and implement the supervision and treatment plan, if a treatment provider and polygraph examiner specially trained in the treatment and monitoring of sex offenders are reasonably available.
Contact our Criminal Defense Attorneys
If you have violated your probation, or you think you may be eligible for early termination of probation contact an experienced criminal defense attorney at NeJame Law as soon as possible. Our early intervention may be key on the outcome of your case. We are available for you 7 days a week at (407) 500-0000. You may also fill out the online form provided on this page or e-mail us at Defense@NeJameLaw.com. We value and respect your privacy.