Monica Ishak, Esq.
Trial Attorney. Advocate for
Criminal Justice Reform.
Criminal Justice Reform.
Violation of Probation – Frequently Asked Questions (FAQs)
What is a violation of probation (VOP)?
A violation of probation occurs when a person fails to comply with one or more of the conditions set by the court. This could include missing meetings, testing positive for drugs or alcohol, failing to pay court costs or restitution, not completing required classes, or being arrested for a new offense.
After a violation is reported, the court can issue a warrant for your arrest. In most cases, you are not automatically entitled to bond—meaning you may remain in jail until your violation hearing. The judge will then determine whether a violation occurred and what penalties, if any, should apply.
Yes. If the court finds that you violated your probation, it can revoke your probation and impose the original sentence, which may include jail or prison time. However, a strong legal defense can help prevent this outcome. We often fight to have probation reinstated, modified, or converted into alternative sentencing.
To prove a violation, the State must show that it was both willful and substantial—in other words, that you knowingly and intentionally failed to comply, and that the violation was not trivial or accidental. For example, missing one appointment due to a medical emergency may not meet this standard. We work to demonstrate that any failure to comply was unintentional, minor, or justified.
A technical violation refers to breaking the rules of probation—such as failing to report, missing curfew, or not completing a program. A substantive violation means committing a new criminal offense while on probation. Substantive violations tend to carry more serious consequences and can result in new charges in addition to the VOP.
Yes. We frequently meet with clients in custody and act quickly to file motions and appear in court. We evaluate every angle to argue for your release, challenge the basis for the violation, and push for reinstatement or less severe sanctions. You don’t have to face the system alone—our team is here to fight for you.
If you’ve been accused of violating your probation in Florida, don’t wait for the system to make the next move. Your freedom and future may be at risk, but with the right legal representation, there are powerful strategies to protect you. The Ishak Law Firm is ready to stand by your side, challenge the allegations, and fight for the best possible outcome in your case.
Call us today for a confidential consultation or use our online form to schedule your case evaluation. We are here to help you move forward—with clarity, confidence, and a proven legal team on your side.
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Fill out the contact form or call us at (561) 316-8433 to schedule your consultation.
