A special condition of probation is something that the Court may require you to do that may not be an ordinary condition of probation. For instance, both Miami-Dade and Broward administer their probation differently, and each county has its own inherent conditions of probation. These conditions may include payment of costs of supervision, reporting requirements, and drug testing. These conditions are set by the probation officer, not necessarily by the Court.
However, the Court is within its discretion to impose special conditions of probation. These may be imposed as part of a judicial sentence or negotiated plea agreement between the defense and the State.
Special conditions are still requirements for probation, and failure to complete them will likely result in a probation violation. Remember, if you are violated, it is likely that you will be held in jail without a bond until your probation violation hearing or your case is resolved by plea.
Special conditions may include community service hours, substance abuse counseling, classes (anger management, anti-theft, life skills), and payment of restitution.
Failure to complete a special condition of your probation will result in a technical violation. Remember, a substantive violation only occurs if you are arrested for a new charge (new law violation).
Special conditions of probation can be difficult to complete on top of your existing conditions of probation. If you are negotiating a plea that involves a term of probation, your criminal defense attorney should work to ensure that the special conditions are minimal, or at least manageable. Probation is meant to be a second chance, but strict probation requirements can easily cause somebody to violate. Make sure that you will be able to complete your conditions of probation before accepting a probationary plea.
I have represented clients on probation violations, as well as successfully negotiated probationary pleas when my clients were facing prison time. I understand the benefits and detriments to probation and would be happy to discuss them with you.
I serve Miami-Dade and Broward. Call today to discuss your case.