Chad M. Seibel
Criminal Defense
407.846.8008
Violation of Probation Defense
A violation of probation under § 948.06, Florida Statutes, is the most dangerous “routine” proceeding in criminal court, because the protections you had the first time are gone. In a VOP: there is A violation isn’t proven just because it was alleged. Depending on the facts, whether it was on purpose and whether you could afford to pay may matter., no right to bond while you wait, the State's burden is only the greater weight of the evidence — not beyond a reasonable doubt — hearsay comes in, and if the judge finds a willful violation, you can be resentenced up to the statutory maximum of the original charge. That five-year felony you resolved with probation still carries its five years, every day you're on paper.
A violation of probation under § 948.06, Florida Statutes, is the most dangerous “routine” proceeding in criminal court, because the protections you had the first time are gone. In a VOP: there is no right to a jury, no right to bond while you wait, the State's burden is only the greater weight of the evidence — not beyond a reasonable doubt — hearsay comes in, and if the judge finds a willful violation, you can be resentenced up to the statutory maximum of the original charge. That five-year felony you resolved with probation still carries its five years, every day you're on paper.
It's also true that VOPs are genuinely defensible — on willfulness, on ability to pay, on sloppy proof, and on smart mitigation — and contested hearings can be won on exactly those grounds. The order of operations in the first 48 hours matters more than anything else. Call or text 407-846-8008 before you turn yourself in or walk into court alone.
What Happens When a Violation Is Alleged
Your probation officer files an affidavit; the judge signs a warrant — frequently a no-bond warrant. For Florida's “violent felony offenders of special concern,” the law requires holding without bond until a court hearing on dangerousness. For everyone else, bond is discretionary — which means a prepared first appearance, with counsel, a surrender plan, and mitigation in hand, is often the difference between fighting from home and fighting from the Osceola County jail.
If there's a warrant out for you right now: don't wait to be picked up at work or a traffic stop. A counseled, scheduled surrender — timed to the court calendar, with a bond argument ready — changes the entire posture of the case.
Technical vs. Substantive Violations
• Technical violations — missed appointments, late fees, curfew, a failed or missed drug test, incomplete classes. For qualifying low-risk technical violations, Florida law now caps the sanction (up to 90 days in county jail as an alternative to revocation) and favors modification over revocation.
• Substantive violations — a new arrest while on probation. Two cases now run in parallel, and the VOP is often the more dangerous one: the State can seek revocation on the new allegation by the lower standard, before the new case is ever tried. Coordinating both cases under one strategy is essential — a plea in one is evidence in the other.
Defenses That May Apply
• Willfulness. The State must prove the violation was willful and substantial. Losing a job, a broken-down car, a hospital stay, a treatment waitlist — properly documented, these can defeat violations.
• Ability to pay. Revocation for unpaid costs, fines, or restitution requires proof you could pay and refused. Poverty is not a probation violation.
• The proof itself. Hearsay can't be the sole basis of a violation finding; lab confirmation of field drug tests, GPS data accuracy, and the PO's records all deserve scrutiny.
• Mitigation and the resentencing fight. Even where a violation happened, the real question becomes the sentence: reinstatement, modification with treatment, or a capped resolution. Judges respond to prepared mitigation — employment, treatment enrollment, family obligations, completed conditions — presented by counsel who knows the courtroom.
One more option worth knowing about: when probation is going well, Florida law allows early termination, and courts can grant properly supported motions. If you're past the halfway point with everything completed, ask us about ending probation instead of waiting for it to end you.
Frequently Asked Questions
Can I bond out on a VOP?
Not as a matter of right — bond is the judge's call, and for some designated offenders the law requires detention pending a hearing. This is exactly where early counsel earns its keep.
I failed one drug test after two clean years.
One positive — especially with a strong record behind it and treatment in front of it — is a case for modification, not prison. How it's presented often decides which.
My PO says she's “just doing paperwork” and I should explain my side.
Anything you tell your PO goes in the affidavit. Be polite, be compliant — and route explanations through your lawyer.
What's the worst case?
Revocation and resentencing up to the original statutory maximum, with credit for time served but not for probation time completed. The stakes are the original charge — treat the VOP accordingly.
On Paper, Every Day Carries the Original Sentence
Chad Seibel is a former prosecutor who knows how violation hearings look from the State's side. Call or text 407-846-8008 — before the warrant finds you.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.