When you are on probation, it is critical that you be mindful of everything you do.
Everywhere you go, everybody you're with, and certainly everything you do.
Probation - especially felony probation - means that you are being watched. Your actions are being monitored, even what you consume (drugs and alcohol) can end up costing you your freedom.
I find that most probation violations can be avoided by using a little bit of common sense.
First and foremost, don't use illegal drugs. If you have a drug problem, get help. Let your probation officer know that you are seeking substance abuse help, and if need be, see if your probation officer can help recommend a program. If you are prescribed a medication that would otherwise be a controlled substance (such as an opioid), let your probation officer know and provide them with proof of your prescription.
If you are on probation and you test positive for a controlled substance, you will go to jail and you could end up staying there for a long time. It's just not worth it.
For monetary matters, make sure you are up to date on your restitution payments. If you cannot make your payments, see about having the monthly payment amount modified or reduced.
If you are carrying a significant unpaid balance of restitution (called an arrearage), you will be violated.
Being proactive and addressing this issue before it becomes a violation will save you a lot of trouble.
Don't commit new crimes. That one's a no-brainer. Don't commit crimes while on probation. And if you are out with friends and they are committing crimes, don't go out with those friends.
Never get into a car where there may be drugs. The drugs may not be yours, but if you know about them and they are within the same vehicle as you, it can be argued that you are in constructive possession. And this is not only a new arrest, this is a probation violation.
If you are on community control, be where you are supposed to be. If you cannot leave your house during certain hours, then don't leave your house during those hours. Make sure you communicate with your officer and provide them with your schedule. If you have a GPS monitor, make sure to keep it charged and never ever try to disable or tamper with it. That is a violation and a new charge right there.
If you have conditions of probation, such as classes or community service hours, make those obligations a top priority. Do not put them off or assume that you will get to them when you can. Probation officers hate excuses. So do Judges and prosecutors.
If you have hours or classes that need to get done, make sure to make them a priority and do them as soon as you can. Treat them like a job.
If you are successful with probation, you may be able to terminate it early. But one way to guarantee that you will not be able to terminate your probation early is by violating.
If you have a violation of probation or community control, I am here to help. But hopefully, with some common sense, you will never need my services.
Eric Matheny is a criminal defense attorney serving Miami-Dade, Broward, and Palm Beach.