What Happens If I Get a New Charge While on Probation in Florida? 2025

If you’re already on probation for a previous conviction and you get in trouble again, it can cause further problems in Florida. If it’s too late, and this has already happened, you’re probably wondering, “What happens if I get a new charge while on probation in Florida?” The general answer is that you may be looking at potential jail or prison time, probation revocation, and other penalties related to a second conviction. However, there are factors that can affect the situation.

When an offender is convicted and sentenced to probation, they must adhere to the conditions of that probation. These restrictions must be followed throughout their probationary period, and the convicted individual must check in regularly with their probation officer. When an individual on probation does not adhere to these requirements, does not check in, or commits a new crime, they violate their probation, which can lead to a variety of negative consequences.

Is Your Probation in Jeopardy?

One of the ways that probation can be revoked is by getting new charges while on probation. The idea is that when you’re on probation, you’re not supposed to be getting into any more trouble. This isn’t always the case, though. Missing a court date or failing a mandated drug test are other opportunities for someone’s probation to be revoked. If your prior or subsequent charge is a felony charge, your case should be taken very seriously.

In any situation regarding an offender who is on probation and gets a new charge, the first thing they should do is speak to a Florida probation attorney. In most cases, they will then need to hire a probation lawyer to defend them.

Technical Violation of Probation vs. New Crime

Florida probation laws define a technical violation of probation as an offender breaking a rule of their probation. A technical violation is not a new crime. If the violation is not a new crime but a minor first-time violation of probation, the judge will usually maintain the probation but adjust its terms rather than revoke it. Generally, this will not involve jail time. Minor violations that do incur jail time can result in up to 90 days in jail.

Low-Risk Probation Violation

Technical violations are considered low-risk violations, but they can still result in:

• Up to five days in jail
• 50 additional community service hours
• Loss of travel privileges
• Up to a 30-day curfew
• Drug testing
• Up to 30 days of house arrest
• Required counseling or support group meetings

Examples of low-risk violations include the following:

• Skipping or failing a drug test
• Breaking probationary curfew
• Moving to a new residence without notifying your probation officer
• Missing a scheduled meeting with your probation officer
• Not attending treatments, counseling, or classes that are part of the terms of your probation
• Not completing required classes or community service
• Failing to pay your fines
• Leaving the county without permission from your probation officer
• Associating with individuals participating in criminal activity

What Happens at a Violation-of-Probation Hearing?

When an individual on probation gets a new charge, a violation-of-probation hearing will be held. At this hearing, the nature of the offense is considered, along with the present conduct of the offender and their prior criminal convictions. Any other relevant information and/or evidence brought up against the offender also contributes to the court’s decision to revoke the probation or not.

There are approximately 21,000 probation revocation hearings per year in Florida. The state’s judges use a point system to determine sentencing. Numbers are assigned to various factors in the case. For instance, six points are accumulated for a felony probation violation with no new conviction. 24 points are added for a first-time felony, with an additional 24 points for subsequent felony charges.

FAQs

Q: What Happens If You Get a New Charge While on Probation in Florida?

A: If you get a new charge while on probation in Florida, the outcome depends on different factors. If it’s your first violation, and it’s not a new crime but rather a mere violation of your probation conditions, the penalty will likely be minimal. It may just consist of additional terms added on to your existing probation, such as more community service hours, drug testing, or something similar. If it is a new crime, you could be facing jail time.

Q: What Happens If You Get a Misdemeanor While on Probation in Florida?

A: If you get a misdemeanor charge while on probation in Florida, depending on your prior history, you could just get a warning. However, you could get a revocation of your probation, and a jail sentence usually replaces the probation. In some cases, offenders may be eligible for alternative measures or extended probation terms. Speak with a probation lawyer to get a better idea of the potential sentencing for your specific circumstances.

Q: How Long Do You Go to Jail for Violating Probation in Florida?

A: A probation violation in Florida does not always mean jail time. However, if you have committed a new crime, a previous probation violation, or been convicted of felonies or violent crimes in your past, you could get up to 90 days in jail. A judge will determine if your probation will be revoked and inform you of your sentence at your probation revocation hearing.

Q: What Can’t You Do on Probation in FL?

A: While on probation in Florida, you must adhere to the terms of your probation. A judge may order you to have a curfew, get drug testing, do community service, participate in counseling or treatment, or face a number of other penalties. If you violate any of the terms of your probation, first-time probation violators may receive a lighter sentence if they have not committed a new crime and don’t have a past criminal record.

Hire a Probation Lawyer With Experience

Jeff Marshall Law has represented thousands of people accused of various crimes. We have worked in a variety of legal fields and have a highly effective strategy for advocacy. Our firm has honed the skill of persuasion that is necessary to win cases. Let us put that skill and experience to work for you. Contact us anytime to discuss your legal needs.

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• How Much Does a Criminal Lawyer Cost in Florida?
• Is Jail Time Mandatory For 1st DUI In Florida?