Miami Probation Violation Attorney
Florida probation violation cases across Miami-Dade and South Florida follow different rules than the underlying criminal case. No bond, no jury, lower burden of proof, and the judge has full discretion to impose the original sentence.
Frequently Asked Questions
What is a probation violation in Florida?+
Will I be held without bond on a VOP?+
Is there a jury at a probation violation hearing?+
What is the burden of proof at a VOP hearing?+
Can I get a sentence longer than my original probation if I am found in violation?+
What is willfulness in a probation violation case?+
What happens if I get arrested for a new crime while on probation?+
Can a VOP be resolved without going back to jail?+
Should I talk to my probation officer about an alleged violation?+
What is the difference between probation and parole in Florida?+
Do you handle VOP cases outside Miami?+
Types of Probation Violations
Florida probation violations fall into three general categories under Chapter 948. The category affects exposure, defense strategy, and the disposition options available. Knowing which type is being alleged is the first step in defending the case.
Technical Violations
Failed drug test, missed reporting, failure to complete community service, missed payments, leaving the jurisdiction, or other condition-of-probation failures. Most common category. Defense generally focuses on circumstances and willfulness.
Substantive Violations
A new criminal arrest or charge while on probation. Treated as a substantive violation regardless of whether the new case is ultimately resolved. The new charge and the VOP run on separate tracks.
Absconder Violations
Fleeing supervision, becoming unreachable, or otherwise treating probation as if it had ended. Florida treats absconder cases especially seriously, commonly resulting in extended sentences upon revocation.
The VOP Reality in Florida Court
Probation violation hearings follow different rules than the underlying criminal case. The protections that applied at the original trial commonly do not apply at a VOP hearing. Understanding these differences is essential to defending the case.
Held Without Bond
Florida law allows VOP defendants to be held without bond pending the hearing. Early defense work can address bond and limit custody time during the process.
Judge Decides
VOP hearings are decided by a judge, not a jury. The strategy at the hearing focuses on the evidence, the willfulness analysis, and mitigation directly to the court.
Preponderance, Not Beyond Reasonable Doubt
The state needs to prove the violation by the greater weight of the evidence rather than beyond a reasonable doubt. The lower standard makes early, careful defense work more important.
What the Judge Can Do
If a violation is established, the judge has broad discretion under Florida Statute § 948.06 to impose any sentence that was originally possible on the underlying offense. Three outcomes are most common.
Summary of Florida Statute § 948.06 dispositions. Exposure depends on the underlying offense, the alleged violation, prior record, and the original sentencing position. The judge's discretion at a VOP hearing is broad.
How a VOP Case Gets Defended
Probation violation cases are won at the hearing, and they are won through preparation. The judge has broad discretion, the burden of proof is lower, and the rules of evidence are relaxed. Timing carries as much weight as substance.
Custody and Bond
VOP arrests in most cases result in held-no-bond status until the violation hearing. Florida courts have authority to set bond on a VOP, but it requires a motion and a hearing. Early counsel can move quickly to address custody, generally before the formal hearing on the alleged violation. Time in custody pending hearing affects negotiation leverage and disposition.
Testing Willfulness
Florida law requires the state to prove a willful and substantial violation, not just a technical failure. Failed drug tests can have explanations: prescribed medication, contamination, lab errors, false positives. Missed payments may reflect inability rather than refusal. Missed reporting can have legitimate causes. Willfulness is commonly where VOP cases are won or lost.
A VOP is not a retrial. It is a discretion hearing, and preparation moves the disposition more than evidence does.
Mitigation the Judge Can Act On
Even when a violation is established, the judge has full discretion across reinstatement, modification, and revocation. Mitigation packages that show treatment progress, employment stability, family support, and rehabilitation work can move the disposition substantially. Mitigation must be prepared, documented, and presented well in advance of the hearing, not improvised at the podium.
Coordinating With Any New Case
Substantive VOPs based on a new arrest run on separate tracks from the new case. Statements made at the VOP hearing can be used in the new criminal case, and the new case affects the VOP. Coordinated defense across both proceedings is essential. See our full Criminal Case Timeline for how the new case moves separately. The order in which the two cases are resolved commonly shapes the outcome on both.
Related Criminal Matters
VOP allegations commonly overlap with new criminal exposure. Related areas follow different defense frameworks that should be coordinated with the VOP defense.
Drug Charges
Failed drug tests are the most common technical VOP, and a new drug arrest creates substantive VOP exposure. Drug VOPs and new drug cases need coordinated defense.
Learn More →Domestic Violence
DV-related allegations are common VOP triggers, including no-contact violations and new DV arrests. The new case and the VOP run on separate tracks but affect each other.
Learn More →Probation Violation Defense Across Miami-Dade and Broward
Each city carries a different set of local courts, arresting agencies, and case patterns. The pages below cover the particular details that matter in each area.
Direct attorney access at (305) 774-7000
VOP arrests are time-sensitive. Custody status, bond motions, hearing preparation, and mitigation all need to start immediately. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter generally creates more options than calling late.
What Our Clients Say
Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.
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Eddy's Dogs aka Eddy's K9 RescueTrustindex verifies that the original source of the review is Google.
Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.Posted on Google![]()
Carlos ZaldivarTrustindex verifies that the original source of the review is Google.
Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to AndrePosted on Google![]()
Bob RTrustindex verifies that the original source of the review is Google.
Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.
Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.Posted on Google![]()
Phil GlatzerTrustindex verifies that the original source of the review is Google.
As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.
Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.Posted on Google![]()
Pedro CarreraTrustindex verifies that the original source of the review is Google.
I can always count on him. An honest lawyer.
Owner's reply
Thanks Pedro.Posted on Google![]()
Gabriel HernandezTrustindex verifies that the original source of the review is Google.
Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status
Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.Posted on Google![]()
Andrew VarelaTrustindex verifies that the original source of the review is Google.
An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!
Owner's reply
I really appreciate that Andrew. Thank you.Posted on Google![]()
Daniel HernandezTrustindex verifies that the original source of the review is Google.
I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.
Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.
