Technical Violations: A Technical violation happens when a condition or conditions of probation aren’t met. The defendant failed to complete something the judge required.
Some examples of technical violations are missed payments, too few community service hours, forgetting the letter of apology or missing appointments with their probation officer.
While still a violation, the best way to lessen a sentence for your VOP is to complete these missed conditions before going to the sentencing hearing.
New Law Violations: These violations are new arrests for criminal charges that are committed while the defendant is on probation.
Bond: Defendants charged with a VOP are NOT entitled to bond. The judge may grant bond at their discretion, but usually, VOPs are set at no bond until the defense attorney files a bond motion.
Judges are more likely to set a bond if the violations are technical (missed payments) rather than coming from a new arrest. If you are on probation for a sexually motivated offense or a violent felony offense, you may be ineligible for bond under Florida’s Anti-Murder Act.
Hearings: Instead of going to trial, you have the right to a hearing. Defendants have less protection at these hearings than at trial, and some of the laws and standards are very different.