When you are placed on probation or community control, you can face serious consequences, including prison time, if you have a violation.
Violations can occur for a number of reasons. More often than not, the violation will be technical. That is, a violation of a specific condition of probation or community control, such as failing a drug test, failing to complete community hours, failing to make payments, failing to report (absconding), or if you are on community control, failing to be at your designated place of residence.
When you violate probation or community control, you may be taken into custody where you will remain without a bond (usually) until your matter is resolved.
So what is the best resolution?
Dismissal of the violation is obviously the best outcome, but if you can't get beat the violation, you may be able to admit the violation and have your probation or community control reinstated. This, however, usually comes with a modification. That means that new conditions will be added to the conditions you are already required to complete. Sometimes, a modification of probation may mean that you are now on community control. If you are on probation and you violate with a positive drug test, you may have your probation modified to "drug-offender" probation.
The important thing to remember is that you have options. Being reinstated to probation is a much better circumstance than having it revoked and being sent to state prison.
Eric Matheny is a criminal defense attorney representing clients facing probation violations and community control violations in Miami-Dade and Broward.