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If I’m arrested on probation, what happens?

On Behalf of | Jun 8, 2023 | CRIMINAL LAW - Criminal Law

If you are on probation or parole in Florida, you enjoy freedoms and privileges that you would not have if you were incarcerated. However, you also must follow strict court-imposed rules and conditions.

If you fail to comply with these rules, you may face serious consequences.

Probation and parole

Probation and parole are forms of community supervision. Probation is usually granted by the court as an alternative to incarceration, while parole is granted by the parole board after serving part of a prison sentence.

Both probation and parole require offenders to report to a probation or parole officer regularly, submit to drug and alcohol testing, avoid associating with criminals and refrain from committing any new crimes.

What will happen?

If you are arrested while on probation or parole in Florida, you may face two types of violations: substantive and technical. A substantive violation occurs when you are charged with a new criminal offense, while a technical violation occurs when you break any of the specific terms or conditions of your supervision.

For example, if you miss an appointment with your probation or parole officer, fail a drug test or violate a curfew, you may be charged with a technical violation.


Depending on the nature and severity of the violation, your probation or parole officer may issue a warning, impose additional sanctions or file an affidavit of violation with the court.

The affidavit of violation is a legal document that describes the alleged violation and the evidence supporting it. The court will then review the affidavit and decide whether to issue a warrant for your arrest.

If a warrant is issued, you may be arrested and taken into custody. You may or may not be eligible for bond, depending on the judge’s discretion. You will then have a violation of probation or parole hearing, where the judge will determine whether you have violated your supervision and what the appropriate penalty should be.

The consequences of violating your probation or parole in Florida can be severe. You may face revocation of your probation or parole, which means you will have to serve the remainder of your original sentence in jail or prison.

You could also face an extension of your probation or parole period, which means you will have to remain under supervision for longer than originally planned.

You may also face a modification of your probation or parole conditions, which means you will have to comply with stricter or additional rules and restrictions.

The judge may impose new sanctions, such as fines, community service, counseling, treatment programs, electronic monitoring or house arrest. The judge has wide discretion in deciding how to handle your violation.