Category: Sentencing · Statute: F.S. 948.06 · Source: Florida Legislature
Understanding Revocation of Probation in Florida
Under Florida Statute Section 948.06, a Revocation of Probation occurs when a judge formally terminates a defendant's supervision due to a violation of their probation conditions. This process begins when a probation officer files an Affidavit of Violation of Probation (VOP), prompting the court to issue an arrest warrant. Unlike a new criminal charge, a revocation hearing does not afford the defendant a right to a jury trial. Instead, a judge determines whether the state has proven, by a preponderance of the evidence, that the defendant committed a willful and substantial violation of their probation terms.
If the judge finds that a willful and substantial violation occurred, they have the sole discretion to revoke the probation entirely. Once revoked, the original suspended sentence is triggered, and the judge can impose any penalty up to the statutory maximum for the underlying offense, including prison time. The court also has the option to reinstate the probation with modified terms, such as adding drug treatment, community service, or extending the supervision period up to the legal limit allowed for the original crime.
Bail and Pretrial Release in Florida VOP Cases
Securing release after an arrest for a probation violation is exceptionally difficult in Florida. Under F.S. 948.06, individuals arrested on a VOP warrant are routinely held without bail ("no bond" status) pending their revocation hearing. While a judge has the discretion to set a bond, Florida law strongly disfavors pretrial release for probationers, particularly those classified as violent felony offenders of special concern, who must remain detained until a formal court hearing.