The Hillsborough County Violation of Probation Process

Probation and community control offer alternatives to incarceration, allowing individuals to serve their sentences under strict supervision. However, violating probation terms can lead to severe legal consequences. Florida Statute 948.06(4) governs probation violations, detailing the arrest process, bail restrictions, and court procedures.

Arrest Process for Probation Violations in Hillsborough County

If you are on felony probation or community control and are arrested for a violation in Hillsborough County, you will not be released before your first appearance hearing (per Administrative Order S-2024-083). The first appearance judge cannot modify your bond, which is typically set at “no bond.” Only the assigned judge can adjust bail unless they grant permission for the first appearance judge to do so (Administrative Order S-2024-062). Your case must be heard by the assigned judge within seven days, under this administrative order.

• New Charges: If your violation involves a new criminal offense, your case returns to the division that initially placed you on probation.
• Technical Violations: If your violation is technical (e.g., missing a meeting or failing a drug test), your case will be heard in the Violation of Probation division, Felony Division K.
• Admitting or Denying the Violation: You will have the opportunity to admit or deny the violation at a revocation first-time hearing. It is important to have an experienced Tampa attorney help you make this decision, as either path may have consequences.

Denying the Violation and the Revocation Hearings with Witnesses 

If you deny the alleged probation violation, the court may schedule a revocation hearing where witnesses can be called, and evidence will be presented. At this hearing, the prosecutor will attempt to prove the violation by calling witnesses and introducing evidence. However, the defense has the same opportunity to challenge these claims by presenting its own witnesses and counter-evidence.

Unlike a trial, where the prosecution must prove guilt beyond a reasonable doubt, the burden of proof in a probation violation hearing is significantly lower. The state only needs to demonstrate that a violation was committed by a preponderance of the evidence—meaning it is more likely than not that the violation occurred. This lower standard makes it even more critical to have a skilled Tampa defense attorney who knows how to challenge weak or incomplete evidence.

Beyond presenting a strong defense at the hearing, an experienced attorney may also file pre-hearing motions—such as seeking to suppress improperly obtained evidence or challenging the basis of the violation. These strategic legal maneuvers can make the difference between continued probation and a harsh sentence.

Admitting to a Violation and Mitigating the Result

If you admit to a probation violation, the court will not schedule a revocation hearing with witnesses. However, this does not mean your case is over or that you must simply accept the consequences. Your attorney’s role shifts to mitigating the violation before the judge, presenting arguments and evidence that may reduce the severity of the outcome.

A skilled defense attorney can also negotiate with the prosecutor to reach an agreed-upon resolution before the hearing. In some cases, this can lead to a more favorable recommendation to the judge—potentially avoiding harsher penalties, minimizing additional probation conditions, or even securing an alternative to incarceration.

Even when admitting a violation, strategic legal representation is crucial. The right defense can mean the difference between an extended probation term and jail time.

Restrictions on Bail for Certain Offenses

Under Florida Statute 948.06(4), the court must determine whether you pose a danger to the public before granting bail. This applies to individuals on supervision for:

• Sexual offenses (e.g., sexual battery, lewd or lascivious offenses, sexual performance by a child, or sexual conduct with a minor).
• Registered sexual offenders or predators.
• Crimes requiring sex offender registration under Sections 775.21, 943.0435, or 944.607.

Before making a decision on release, the court considers:

• The nature and severity of the violation.
• Any new criminal charges.
• Prior criminal history, including violent or sexual offenses.
• Allegations of unlawful sexual conduct or violent behavior.
• Compliance with previous supervision terms.
• The likelihood of reoffending.

If the court determines you are a danger to the public, you must remain in custody.

Violent Felony Offenders of Special Concern (VFOSC) – No Bail Allowed

Florida Statute 948.06(8) imposes stricter conditions for Violent Felony Offenders of Special Concern (VFOSC). If you fall under this category, you cannot be released on bail and must stay in custody until your probation violation hearing.

What Qualifies as a VFOSC?

You may be classified as a VFOSC if you:

1. Are on felony probation or community control for a qualifying offense.
2. Have a prior conviction for a qualifying offense while on probation.
3. Violated probation by committing a qualifying offense.
4. Have been designated a habitual violent felony offender or three-time violent felony offender and committed a qualifying offense.
5. Have been designated a sexual predator and committed a qualifying offense.

What Is a “Qualifying Offense”?

Qualifying offenses include:

• Violent crimes such as murder, attempted murder, manslaughter, aggravated assault, or aggravated battery.
• Sex crimes including sexual battery, lewd or lascivious offenses, and child pornography.
• Serious felonies such as robbery, carjacking, home invasion, aggravated stalking, arson, and human trafficking.
• Other major crimes such as treason or acts of terrorism.

Mandatory Detention for VFOSC and Qualifying Offense Violators

If you violate probation as a VFOSC or commit a qualifying offense, you must remain in custody until your violation hearing is resolved. The court cannot dismiss your violation warrant without a recorded hearing where both the prosecution and defense present arguments.

What Happens at a Probation Violation Hearing?

Once you appear in court for a violation hearing, the judge will:

1. Determine whether you violated probation.
2. Assess whether you pose a danger to the community, considering factors such as:
   • The nature of the violation and any new offenses.
   • Your criminal history.
   • Past compliance with supervision.
   • Your likelihood of reoffending.
3. Decide on an outcome:
   • If you are deemed a danger, the judge must revoke probation and impose a new sentence (up to the statutory maximum).
   • If you are not a danger, the judge may modify probation, continue supervision, or place you on community control.

Why You Need an Experienced Attorney

If you or a loved one is facing a probation violation, the consequences can be life-changing. Judges have broad discretion in revoking, modifying, or continuing probation, making it crucial to have a strong legal defense.

Rocky Brancato, founder of The Brancato Law Firm, P.A., has over 25 years of experience in criminal defense, specializing in probation violations, sex crimes, and violent offenses. As former Chief Operations Officer of the Hillsborough County Public Defender’s Office, he has deep knowledge of the local legal system and how to effectively advocate for clients in violation hearings.

Contact The Brancato Law Firm, P.A. Today

If you’ve been accused of violating probation, don’t leave your future to chance. Call The Brancato Law Firm, P.A. at 813-592-8981 for immediate legal assistance. Protect your rights and secure the best possible outcome with an experienced attorney by your side.