Violation of Probation in Orange County, FL

In Orange County, FL, the Circuit and County Courts are organized into divisions for more efficient case and records management. Caseloads in each division are identified by numbered subdivisions to facilitate the exchange of caseloads when changes of division assignment occur.

The way in which felony and misdemeanor violation of probation (VOP) cases are heard is explained in Administrative Order Number 2016-01-01, which became effective on May 8, 2018.

All violation of probation cases in Orange County, FL, are assigned to the originally assigned felony subdivision where the case was previously resolved at sentencing. Cases in which completion of a Unified Problem Solving Court Program is a special condition of probation are handled exclusively by the Unified Problem Solving Court Judge.

Attorney for Violation of Probation Cases in Orlando, FL

If you were accused by your probation officer of violating probation because you failed to complete a task, or were arrested for a new crime, then contact the experienced criminal defense attorneys at Sammis Law Firm.

We can help you obtain a copy of your judgment and sentence explaining what tasks you were required to complete, any instructions from probation, the probation officer’s violation of probation affidavit, and the arrest warrant.

Our VOP defense attorney can explain ways to fight the case. We can help you decide whether to admit the alleged VOP violation or deny it. If you enter a denial, we can represent you at the VOP hearing.

In some cases, we can speed up the process so you are not needlessly spending addition time in jail before the hearing.

Call 813-250-0500.

When is the Arraignment for the Violation of Probation Case in Orange County, FL

For cases in Orange County, FL, anyone arrested for alleged violations of probation regarding felony cases, who remain in custody, will be brought before the Subdivision 23 Judge for arraignment based on the date of arrest as follows:

• • If arrested on Saturday, the arraignment is on Thursday;
  • If arrested on Sunday, the arraignment is on Thursday;
  • If arrested on Monday, the arraignment is on Thursday;
  • If arrested on Tuesday, the arraignment is on Thursday;
  • If arrested on Wednesday, the arraignment is on Monday;
  • If arrested on Thursday, the arraignment is on Monday;

If an appearance date falls on a court holiday, the appearance date will be moved to the next working day. The Subdivision 23 Judge at the courthouse in Orlando, FL, might alter the above arraignment dates on occasion to accommodate the Judge’s schedule.

How VOP Cases are Assigned in Orlando, FL

At the courthouse in Orlando, FL, any person who is currently on misdemeanor or felony probation for a case originating from a felony subdivision who are arrested on or after January 1, 2016 for a new felony offense, except first degree murder, will have the new felony case assigned to the felony subdivision presiding over the violation of probation case.

If the person is charged with first degree murder in Orlando, FL, the violation of probation case shall be assigned to the subdivision hearing the first degree murder case.

Where necessary, the State or the defense can file a motion to transfer the new felony case to the subdivision presiding over the violation of probation. Nothing in Administrative Order Number 2016-01-01 will prevent the Chief Judge or the Administrative Judge of the Circuit Criminal Division from transferring any case in the interest of judicial economy.

Does the Court Have Jurisdiction to Hear the VOP?

For the court to have jurisdiction over a violation of probation case, an affidavit must be filed with the clerk, not merely signed by the court. The affidavit must be filed prior to probation expiring. Tyson v. State, 655 So.2d 214 (Fla. 1st DCA 1995). Likewise, an amended affidavits must be timely filed before the expiration of the term of probation. Jett v. State, 722 So.2d 211 (Fla. 1st DCA 1998). 

The court does not retain jurisdiction to revoke probation unless an arrest warrant is delivered for execution before probationary period expires. Paulk v. State, 733 So. 2d 1096 (Fla 3rd DCA 1999). As a result, the probationer cannot be violated for behavior occurring after expiration of probation. Kimble v. State, 396 So.2d 815 (Fla. 4th DCA 1981). As a general rule, probation is not tolled in the absence of probationer absconding. Hughes v. State, 667 So.2d 916 (Fla. 4th DCA 1996).

The VOP affidavit must state the facts that alleged the violation and the nature, time, place of occurrence. See Kune v. State, 397 So.2d 1169 (Fla. 3rd DCA 1981). For this reason, it is important for your criminal defense attorney to review the VOP affidavit carefully and to determine when the arrest warrant was delivered for execution.

What Happens at the VOP Hearing in Orlando, FL?

Before a VOP hearing, the rules of discovery apply. Cuciak v. State, 410 So.2d 916 (Fla. 1982). The criminal defense attorney should obtain a copy of all discovery in the case from the State Attorney’s Office, the probation officer, or the law enforcement agency making the accusation before the hearing.

For VOP hearings in Orlando, FL, the defendant’s probation cannot be violated unless actions are willful and substantial. Salzano v. State, 664 So.2d 23 (Fla. 2d DCA 1995). Furthermore, the probationer must be afforded due process for any VOP hearings in Orlando or Orange County, FL. At a minimum, due process during a VOP hearing requires:

• the defendant must be present for the hearing and as required for pre-hearing matters (Summvall v. State, 588 So.2d 31 (Fla. 3rd DCA 1991));
• the defendant has right to notice and confrontation of witnesses (Hall v. State, 512 So.2d 303 (Fla. 1st DCA 1987));
• the defendant has right to written findings (King v. Florida Parole and Probation Commission, 306 So.2d 506 (Fla. 1978)).

The probationer has qualified 4th and 5th Amendment rights during the VOP hearing and at sentencing on the VOP. Grubbs v. State, 373 So.2d 905 (Fla. 1979). For example, the right to avoid self-incrimination applies to criminal conduct which would expose probationer to prosecution for a crime different from that for which they are already convicted. Dearing v. State, 388 So.2d 296 (Fla. 3rd DCA 1980). In some cases, the rights to avoid self-incrimination do not apply to technical violations.

Likewise, the right to counsel attaches to violation of probation hearings, although that right can be waived. If the court allows a person to waive their right to counsel, the court needs to conduct Faretta hearing for a waiver.

Evidentiary Issues at a VOP Hearing

During the VOP hearing, certain evidentiary issues might arise. For example, the prosecutor with the State Attorney’s Office must establish that the defendant who appears in court is the probationer alleged to have violated probation. The standard of proof is by a preponderance of the evidence which means by the greater weight of the evidence.

Hearsay is admissible for limited purposes, but cannot be the sole basis for the revocation of probation. For this reason, some lab reports, properly admitted as a business record exception under Section 90.803(6), Florida Statutes, might provide a sufficient basis for the court to find the violation of probation occurred. Walker v. State, 426 So.2d 1180 (Fla. 5th DCA 1983). 

The court can revoke probation for non-compliance of certain types of expressed conditions imposed by the court. Thomas v. State, 635 So.2d 1009 (Fla. 1st DCA 1994).

Can a Person be Violations on Probation for the Failure to Pay?

If the violation is based on the failure to pay restitution, the burden is on the prosecutor to prove that the defendant had the ability to pay. Edwards v. State, 439 So.2d 1028 (Fla. 3rd DCA 1983).

In Florida, before the court can impose incarceration for failure to pay, the state must establish the following:

• the defendant had ability to pay; and
• the failure to pay was willful.

In violation of probation hearings based on the failure to pay costs, the prosecutor has a lower standard, and needs to prove the probationer failed to pay. McQuitter v. State, 622 So.2d 590 (Fla. 1st DCA 1993). In those cases, the burden shifts to the defendant to establish lack of ability to pay as explained in Section 948.06(5), Florida Statutes.

What if the Only VOP Allegation is a New Arrest?

Sometimes, the VOP affidavit will allege that the only violation is related to allegations of new criminal activity. In those cases, the arrest alone does not give the court sufficient grounds for revocation. Hines v. State, 358 So.2d 183 (Fla. 1978). Furthermore, the probation cannot be revoked based on a dismissed charge. Pendergrass v. State, 601 So.2d 1250 (Fla. 2d DCA 1992). 

The probation can be revoked based upon a plea of guilty or no contest or confession to other criminal activity. For example, in Thomas v. State, 350 So.2d 568 (Fla. 3rd DCA 1977), the court explained why the plea to a new charge is sufficient for a violation. In Maselli v. State, 446 So.2d 1079 (Fla. 1984), the court explained when a confession regarding a new crime is sufficient for proof that the violation of probation occurred.

At the violation of probation hearing, the prosecutor might admit into evidence certified copies of conviction for other offense committed while the probationer was on the probation as a way to show the violation occurred. Stevens v. State, 409 So.2d 1051 (Fla. 1982).

What Happens at Sentencing After Probation Violation?

The sentence must be written and conform to oral pronouncement. Amador v. State, 713 So.2d 1121 (Fla. 3rd DCA 1998). If additional terms of the sentence are added to the judgment and sentence that were not orally pronounced, the accused can file a motion to correct the judgment and sentence.

For each offense there must be a separate sentence. A general sentence not permitted. Instead, the basis for revocation must be stated by the court at sentencing on the VOP. Thames v. State, 709 So.2d 650 (Fla. 2d DCA 1998).

The court has the following options at sentencing:

1. The court can impose incarceration. To do so, the court might revoke the probation, and impose any legal sentence which could have been imposed upon initial sentencing. The term of jail and probation combined cannot exceed the statutory maximum. A separate misdemeanor offenses can be sentenced consecutively.
2. The court can modify or extend probation after a VOP hearing that was properly noticed. The court cannot extend probation when the probationary period has already expired. 
3. The court can reinstate probation and reimpose old or add new conditions.

Additional Resources

Orlando Circuit Probation Services – Visit the website of Florida Probation Services to learn more about the Orlando Circuit Office’s seven locations:

09A – ORLANDO PROBATION INTAKE OFFICE
31 Coburn Avenue
Orlando, Florida 32805
(407) 245-0854

090 – ORLANDO CIRCUIT PROBATION OFFICE
2301 Meeting Place
Orlando, FL 32814
(407) 212-2143

091 – ORLANDO NORTH PROBATION OFFICE
27 Coburn Avenue
Orlando, Florida 32805
(407) 245-0770

092 – ORLANDO WEST PROBATION OFFICE
7424 Laurel Hill Drive
Orlando, Florida 32818
(407) 521-2526

093 – ORLANDO EAST PROBATION OFFICE
7420 TPC Blvd. Suites 4 & 5
Orlando, Florida 32822
(407) 297-2000

094 – KISSIMMEE OFFICE (PROBATION INTAKE FOR Osceola)
1605 North John Young Parkway
Kissimmee, Florida 34741
(407) 846-5215
Fax: (407) 846-5248

096 – ORLANDO CENTRAL
29 Coburn Avenue
Orlando, Florida 32805
(407) 245-0701
Fax: (407) 245-0312

This article was last updated on Friday, May 8, 2026.