Depending on the type of offense and the circumstances surrounding it, a convicted individual may receive a probation sentence, rather than imprisonment. Probation consists of the person convicted of the offense does not have to serve time in jail, but is watched closely by the state. Probation involves many strict terms and conditions given to the individual. Frequent meetings with the parole officer assigned are also required to ensure that parole conditions are met. In case that person does not comply with these terms or commit a new offense, he or she may be arrested and sent to prison.
Understanding Parole Restrictions
The parole terms imposed by Florida law will also allow the courts and parole officer to add special conditions to the defendant depending on the nature of the offense he has committed. Some of these standard terms include paying the fees, prosecution as directed, termination of community service or counseling as ordered and complying with substance abuse testing.
Parole restrictions are unique to each person, but there are several general rules. The most common restrictions on parole are:
- Frequent meetings with the assigned probation officer
- Payment of fines according to schedule
- Have a valid address
- Allow probation officers to visit the defendant at home
- Have a regular workplace
- Refrain from any criminal activity
- Stay at a certain place
- Repair or make restitution to the injured for damages or losses caused by their offense in an amount to be determined by the court party.
A probation officer may indicate that the defendant has officially violated his probation and submit a court order. If this occurs, in most cases it must be delivered without bail while the case is being resolved. The charge of a probation officer probation violation can occur for many reasons.
In Florida, as in most states, there are two types of probation violations. A technical violation is committed when the offender violates one of the “technical" parole terms, including failure to report, nonpayment of Court fees, not attending counseling or non-performing hours of community service. The substantive probation violation is the commission of a new offense. It will result not only in possible new duties for new felony counts but a violation of probation as well. A felon may receive release Conditional for a crime and imprisonment for another offense or who may receive parole for both or imprisonment for both. The parole officer will make a recommendation to the court in the sentence, although a judge maintains discretion as to the final decision of the judgment.
In a case of violation, the probation officer may give a warning instead of presenting a warrant. If you are accused of a technical violation or a misdemeanor, your probation officer can give the notice to appear in court without presenting a warrant for your arrest. You can go to jail if you do not have an experienced lawyer who is willing to negotiate with the judge.