
CONTACT A TOP SARASOTA PROBATION VIOLATION ATTORNEY
FLORIDA PROBATIONARY LAWS EXPLAINED BY A SARASOTA PROBATION VIOLATION ATTORNEY
A violation of probation is a serious matter that should be handled with extreme caution. There are many ways to violate probation and, if you are found to be in violation of misdemeanor or felony probation, you could receive a substantial jail or prison sentence that is equal to the statutory maximum the trial court could have imposed at the time of being sentenced on your original charge(s). As a former prosecutor, our Sarasota probation violation attorney has the experience and insight necessary to ensure that you receive the best possible outcome to your case.
WHAT CONSTITUTES A VIOLATION OF PROBATION?
A violation of probation occurs when a person commits a willful and substantial violation of the terms and conditions of his or her probation. Therefore, there must be a failure of compliance that is significant and done willfully.
A probationer who fails to comply with the conditions of his or her supervision despite reasonable or good-faith efforts to comply (i.e. pay fines or court costs) does not violate his or her probation willfully. Technical violations (see below) are also not considered substantial or willful violations. A single missed appointment with a probation officer, for example, is not sufficiently substantial to support a finding of a violation of probation and your Sarasota probation violation attorney will present this to the court.
The court may not declare a violation of probation where the conduct forming the basis of the alleged violation occurred before probation began or was imposed after the probationary period ended.
“SUBSTANTIVE V. “TECHNICAL” VIOLATIONS OF PROBATION
Generally speaking, there are two categories of violations: “substantive” violations and “technical” violations. A substantive violation of probation occurs when the Defendant commits a new crime while on probation.
A technical violation of probation occurs when a probationer fails to comply with a specific condition listed in the probation order. Examples of a technical violation include failing to pay restitution, failing to pay fines and court costs, failing to perform community service, failing to complete a DUI school, failing to complete a Victim Awareness Program, leaving the jurisdiction, failing to submit to random drug testing, and failing to report to one’s probation officer.
DEFENSES TO PROBATION VIOLATION
Your Sarasota probation violation attorney will explain this to you in more detail, but there are two primary defenses to probation violation: 1) the violation was not willful, and 2) the violation was minor, or insubstantial.
No Willful Violation
Probation violations must be deemed willful in order for punishment to be imposed. If you can show that your violation was unintentional, then you will avoid liability entirely. For example, suppose that you violate your probationary curfew condition due to unexpected traffic on the road, then that will likely not be considered a willful violation.
Insubstantial Violation
Not all probation violations — intentional or otherwise — are substantial enough to lead to a revocation of probation itself, or to the imposition of additional terms and conditions. Prosecutors will have to show that your violation was material and substantial.
For example, if you are banned from using the internet (except during set hours) due to the terms of your probation, but you send a message to a friend using cellular phone data, that may not be considered a substantial and material violation. When cellular phone data is used to send a text message (but not to browse the internet), it is technically “internet-based,” but the court is unlikely to see it as material to the probationary conditions, unless a separate phone use condition applies.
AVOID HARSH PENALTIES BY CONSULTING A SARASOTA PROBATION VIOLATION ATTORNEY
Upon the revocation of probation in Sarasota, the court may impose any sentence, which it might have originally imposed before placing the probationer or offender on probation. Hence, the defendant may be sentenced up to but not in excess of the maximum penalty allowable by law.
The court also has the option to reinstate probation or modify probation, and perhaps impose additional conditions. In cases involving minor technical violations, the court may even allow for more time for the probationer to complete the outstanding conditions with no further penalties. Because the facts and circumstances of each probation violation case can vary extensively, it is imperative to hire an experienced Sarasota probation violation attorney to ensure that you receive the best possible outcome to your case.
If you have been accused of violating your felony or misdemeanor probation in Sarasota, a probation violation attorney at Fowler Law Group can help. Contact our office at: (941) 900-3100 to schedule your free and confidential case evaluation.

Meet Our Firm
A STRONG DEFENSE STARTS WITH an EXPERIENCEd TeamClient Reviews
HEAR WHAT FORMER CLIENTS HAVE TO SAY ABOUT US-
Made an unpleasant experience more bearable.
“Both Mr. Fowler and his staff were a pleasure to work with and made an unpleasant experience more bearable. I greatly appreciate his assistance and would highly recommend him to anyone.”
-
Best choice for my legal defense.
“In August 2016, I was arrested for driving under the influence. After my release from jail, my best friend Jessica gave me a number for a defense lawyer so I could hopefully fix my current legal situation involving my arrest by Sarasota PD. Mr. Fowler previously helped my friend get out of her sticky situation with the law. After briefly speaking to Mr. Fowler about my situation, I decided that he would be the best choice for my legal defense.”
-
Demonstrated true passion & professional in my case.
“Mr. Fowler took on a criminal case in my behave & display full attention to my concerns, he demonstrated true passion & professional in my case. If you ever need a criminal attorney, I highly recommend this law firm for your situation.”
-
Great Job!
“Mr. Fowler did a great job. He worked hard for my defense and got me the best possible out come for my case.”
-
Highly Recommend!
“Highly recommended. James is very knowledgeable.”

Case Results
Fighting for the best Possible Outcome-
DUI
-
Felony Battery against a Healthcare Worker
-
Assault with a Deadly Weapon
-
Felony Possession of Marijuana
-
Traffic Infraction Resulting in a Fatality
Why Choose Us?
-
CommunicationWe understand that you may have many questions and concerns about your case as it moves through the criminal justice system. Our legal team is dedicated to proactive communication with our clients to ensure they have an understanding of what is happening with their case at each phase of the legal process.
-
ProtectionWith over 30 years experience, our criminal defense attorneys in Sarasota, Bradenton, Manatee County, and Venice have the experience, respect and reputation necessary to protect you from the potential consequences associated with your criminal charges.
-
ReputationLawyers, prosecutors, and judges throughout Florida know that our criminal defense attorneys are skilled professionals who are thoroughly prepared to defend our clients at every step of the legal process.
-
RespectOur legal team has worked vigorously to earn the respect of both our colleagues and adversaries. We also understand that mutual trust and respect between our legal team and our clients are critical to achieving a favorable outcome.