Florida Statute 948.06 governs violation of probation (VOP). A VOP is not a new crime — it reopens the sentence you were already serving, and the rules are stacked differently than in a normal criminal case.
How a VOP starts
Your probation officer signs an affidavit; a judge can issue a warrant on it, and for many probationers that means being held without bond until you see a judge. For designated offenders — including violent felony offenders of special concern — the court must affirmatively find you are not a danger to the public before any release.
Why VOP hearings are harder to win than trials
- No jury. A judge alone decides.
- Lower burden. The state does not have to prove the violation beyond a reasonable doubt — only that you willfully and substantially violated in a material respect.
- Full exposure. On a finding of violation the court can revoke probation and impose any sentence it could have originally imposed — the full statutory maximum of the underlying charge.
The detail most people miss
Since the 2019 reforms, § 948.06 gives qualifying probationers with low-risk technical violations (missed fees, missed class, curfew slips) access to alternative sanctioning — resolving the violation with a short jail cap, community service, or added conditions instead of full revocation proceedings. Whether you get routed there is exactly the kind of thing an attorney pushes for.
VOP warrant out for you or a loved one in Polk County? Call (863) 774-4556 for a free consultation, or send us a message. Board Certified · Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 948.06 (official Florida Statutes). Related on this site: Violation of probation defense.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.