Fla. Stat. § 948.06
Violation of Probation
A probation violation is not a new trial — the rules tilt toward the State. No bond by right, a lower burden, and the original sentence back on the table. Here is what to know.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
Why VOP Is Different
A violation of probation (VOP) under § 948.06 is not a new criminal trial, and several protections you had in the original case are reduced.
The Governing Statute
Fla. Stat. § 948.06 — Violation of Probation
"Whenever … there are reasonable grounds to believe that a probationer … has violated his or her probation … in a material respect, [the court may issue a warrant and revoke, modify, or continue the probation]."
Read the full statute on Online Sunshine →
What Makes VOP Dangerous
No bond by right: A judge can hold you with no bond pending the hearing.
Lower burden of proof: The State need only show a "willful and substantial" violation by a preponderance — not beyond a reasonable doubt.
No jury: A judge decides.
Full exposure: If violated, you face the original maximum sentence for the underlying charge.
Lower burden of proof: The State need only show a "willful and substantial" violation by a preponderance — not beyond a reasonable doubt.
No jury: A judge decides.
Full exposure: If violated, you face the original maximum sentence for the underlying charge.
What a Defense Attorney Looks For
- Willfulness. A violation must be willful and substantial — an inability to pay, or a technical slip, may not qualify.
- The evidence supporting the alleged violation.
- Bond arguments to secure release pending the hearing.
- Mitigation — negotiating reinstatement or modified terms instead of revocation.
Frequently Asked Questions
Is there bond for a violation of probation in Florida?
Not by right. Under § 948.06, a judge can hold you with no bond while a violation of probation is pending, which is one reason VOP charges are so serious.
What is the burden of proof for a probation violation in Florida?
Lower than a criminal trial. The State must show a willful and substantial violation by a preponderance of the evidence — not beyond a reasonable doubt — and a judge, not a jury, decides.
What happens if you violate probation in Florida?
The judge can reinstate probation, modify its terms, or revoke it. If revoked, you face the original maximum sentence for the underlying offense, with credit for time served.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 948.06 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.