Probation & Violations

What happens at a violation of probation hearing?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A hearing before a judge — no jury — where the State must prove the violation by a preponderance, and hearsay is admissible with limits.

It's structurally different from a criminal trial in several ways that matter.

No jury. The judge decides both whether a violation occurred and what happens next.

Lower standard. The State must prove the violation by a preponderance of the evidence — more likely than not — rather than beyond a reasonable doubt.

Hearsay is admissible, which is a significant departure. But it generally cannot be the sole basis for revocation; there must be some non-hearsay evidence supporting the finding. That limitation is a real defense tool, particularly where the State relies on reports rather than witnesses.

The probation officer usually testifies, and the officer's records — chronological notes, test results, contact logs — become the evidence.

The two questions. First, did a violation occur. Second, was it willful and substantial — because not every technical failure supports revocation.

If a violation is found, the court can revoke and sentence up to the maximum on the original offense, modify supervision, or continue it.

Ask whether the State has anything beyond hearsay. Often it doesn't. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.