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Misdemeanor Probation Violations

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In Miami-Dade and Broward, you can be placed on probation for several misdemeanor offenses.

For DUIs, probation is standard, and the term can range from six months up to one year.

In Miami-Dade, you are less likely to receive probation for a misdemeanor unless you have priors. If you are not PTD (Pretrial Diversion) eligible, you will receive probation for prostitution offenses. You may also receive probation if you are charged with driving while license suspended (DWLS) or no valid driver license (NVDL) and have considerable priors.

Just like felony probation, you can violate your misdemeanor probation for a number of reasons. The violation may be technical - such as failing to report, failing to pay restitution, failing a drug test, or failing to complete some condition of probation. The violation may also be a new law violation. This means that you got arrested for a new offense while on probation.

Unlike felony violations of probation, most misdemeanor probation violations will be bondable. That means that you can usually post a bond and be released pending your violation.

However, just like felony violations, you can face jail time for violating probation. On a second-degree misdemeanor, the maximum amount of probation you can receive is six months. For a first-degree misdemeanor, the maximum term is one year.

If the violation is technical and it is your first violation, you may be able to correct the matter by fulfilling the condition. If you have been arrested for a new crime, you will face a violation.

Probation violations can be resolved by plea agreements or through probation violation hearings. At a probation violation hearing (PVH), the state must prove by a preponderance of the evidence (lower standard than beyond a reasonable doubt) that the probationer was informed of a condition of probation and that they knowingly violated that condition.

If on misdemeanor probation in Miami-Dade or Broward, you must comply with all conditions and stay out of trouble. If not, you will find yourself in violation of probation and looking at jail time.