What discussion of probation violations would be complete without a review of the standard conditions of probation? After all, in order to be arrested for violating probation, a person must violate one of the conditions of probation listed below. Of course, a judge is entitled to add “special conditions” to a probation sentence, but we’re just taking a look at those conditions which can be found in pretty much every probation sentence in Florida.
I know this may seem a bit boring, but let’s lay out some of the standard conditions of probation anyway–think of it as a list of ways that people have violated over the years. Keep in mind that each county may have their own spin on these conditions, but what is listed below sums up most counties nicely (every case is different, call John if you have any specific questions or concerns). Enjoy:
Standard Conditions of Probation:
- As directed by your Probation officer, you will make a full and truthful monthly report on the form provided for that purpose by the day of the month you are given by your community control or probation officer.
- You will pay the State of Florida $50.00 per month plus any other statutory surcharge toward the cost of your supervision, unless otherwise waived in compliance with Florida Statutes. [some counties add a 4% surcharge to this monthly fee, bringing the total to $52.00/month]
- You shall pay a related cost of $1.00 for each month of your probationary term. The amount due, up to $60.00, shall be paid within the first ninety
- days after the beginning of your probationary sentence. Further payments, if any, shall be paid in accordance with a schedule to be established by your officer, if the offender agrees, or the court.
- You will not change your residence or employment or leave the county of your residence without first procuring the consent of your Probation Officer or Community Control Officer. [it can be hard to stay in your home county all the time, so some judges delete this condition, and some probation officers simply ignore this condition–and hey, ignoring a condition is always a good thing…]
- You will not possess, carry, or own any firearm. You will not possess, carry, or own any weapons without first procuring the consent of your community control or probation officer. [goes without saying, but I’m going to say it anyway, sweep your house for guns before entering a probation plea]
- You will live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of your probation, community control or any other form of court ordered supervision. [in other words, a jury may find you not guilty, and you may still be violated! Not fair, I know.]
- You will not associate with any person engaged in any criminal activity.
- You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician, nor will you visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used. [this condition can change on a DUI charge, where it will read that you cannot drink or possess alcohol. Also, note that this says you CAN drink alcohol while on probation with this condition, it’s just that you cannot drink “to excess”. Lesson: Don’t brag to your probation officer about how wasted you were on New Years…]
- You will work diligently at a lawful occupation, advise your employer of your Probation or Community Control status, and support any other dependents to the best of your ability, as directed by your Probation or Community Control Officer.
- You will promptly and truthfully answer all inquiries directed to you by the Court or any Probation or Community Control Officer, and allow your Officer to visit in your home, at your employment site or elsewhere, and you will comply with all instructions your officer may give you. [if a visit to your employment would get you fired, we can file a motion to modify the conditions of probation so as to allow employment verification via pay stub, not all judges will do this, but it never hurts to ask!]
- You will report in person within/by 4PM TODAY to the Probation and Parole Office in ____________ County, Florida, unless otherwise instructed by your Probation or Community Control officer.
- You will submit to urinalysis, breathalyzer, or blood test at any time requested by your Probation or Community Control Officer, or the professional staff of any treatment center where you are receiving treatment, to determine the presence or use of alcohol or controlled substances, and you must pay the costs of said tests.
- You will submit to the taking of a digitized photograph by the department. This photograph may be displayed on the department’s website while you are on supervision, unless exempt from disclosure due to requirements of s. 119.07 F.S.
- If you are on probation for any offense specified in Section 943.325, Florida Statutes, or have been previously convicted in this state of any offense specified in Section 943.325, Florida Statutes, you are required to submit a DNA sample to the Florida Department of Law Enforcement. This sample shall be submitted in an approved manner as directed by Department of Corrections staff within thirty
- days unless otherwise directed by the court.
- You shall submit to the taking of a digitized photograph as required by s.948.03, Florida Statutes.
IF THE DEFENDANT IS PLACED ON COMMUNITY CONTROL, it is further ordered the following conditions of COMMUNITY CONTROL apply:
- You will report to your Community Control Officer at least _____ times a week, or if unemployed full time, report daily, unless otherwise directed by your Community Control Officer.
- You will remain confined to an agreed-upon residence during hours away from employment and public service activities.