Category: Sentencing · Statute: F.S. 948.06 · Source: Florida Legislature
Understanding VOP Hearing (Violation of Probation) in Florida
In Florida, a Violation of Probation (VOP) hearing is a specialized legal proceeding governed by Florida Statute Section 948.06. Unlike a standard criminal trial where a defendant is presumed innocent until proven guilty beyond a reasonable doubt, a VOP hearing operates under a much lower legal standard. The state only needs to prove by a "preponderance of the evidence"—meaning it is more likely than not—that the probationer committed a willful and substantial violation of their probation terms. There is no right to a jury trial in these proceedings; instead, a single judge hears the evidence, reviews the probation officer's affidavit, and decides the outcome.
A VOP can be triggered by a technical violation, such as failing a drug test, missing a meeting with a probation officer, or failing to pay court-ordered restitution. It can also be triggered by a substantive violation, which occurs when a probationer is arrested for committing a new criminal offense. If the judge finds that a willful and substantial violation occurred, they have the authority to revoke, modify, or continue the probation. If probation is revoked, the judge can sentence the defendant to any prison or jail term that could have originally been imposed for the underlying offense.
Bail and Pretrial Release in Florida VOP Cases
Securing release after a VOP arrest is exceptionally difficult in Florida. Under Florida Statute Section 948.06, there is no constitutional right to bail for individuals arrested on a VOP warrant. Judges routinely issue these warrants with a "no bond" hold, meaning the accused must remain in custody until the VOP hearing. While an experienced attorney can file a motion to set bond, judges rarely grant pretrial release unless the defense can demonstrate compelling circumstances or show that the alleged violation was minor and non-willful.
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