Understanding Probation Violations: The Importance of Proper Notice

When facing the choice between prison or probation, most defendants understandably choose probation—even if the terms are strict. However, successfully completing probation isn’t always as simple as it seems. Many probationers fail to fully understand the conditions they must follow, and even a minor misstep can lead to probation revocation and a lengthy prison sentence.

A recent case, Okwor v. State of Florida, 49 Fla. L. Weekly D2503, highlights a critical issue: Defendants must be properly notified of their probation conditions or else a probation revocation may be overturned on appeal.

The Case: Okwor v. State of Florida

In Okwor, the defendant initially accepted a plea deal that sentenced him to community control followed by probation. The trial judge orally announced the special conditions of his probation but failed to mention the standard conditions, nor were they included in the written sentencing order.

Shortly after beginning community control, the defendant’s probation officer filed an affidavit to revoke his probation, alleging that he violated:

– Curfew requirements – Failure to remain at his residence of record after curfew.
– Probation officer instructions – Failure to follow his probation officer’s orders.

At his probation revocation hearing, the trial court ruled that the defendant violated these conditions and revoked his 18-month community control sentence, ordering him to serve 63 months (over 5 years) in prison.

However, on appeal, the Fourth District Court of Appeal sided with the defendant, ruling that:
– A trial court cannot impose probation conditions unless they are either orally pronounced or provided in writing.
– Because the standard conditions were never clearly communicated, revoking probation based on those violations violated the defendant’s due process rights.

Why This Ruling Matters

This case reinforces a fundamental principle of criminal law and due process:

– Defendants must be clearly informed of their probation conditions.
– If a probation condition was never properly announced or documented, a violation of that condition cannot legally justify probation revocation.

Unfortunately, many probationers unknowingly violate their conditions and face harsh penalties as a result. That’s why having an experienced criminal defense attorney is essential to protect your rights and challenge any unlawful probation revocation.

Charged with a Probation Violation? Fighter Law Can Help.

If you or a loved one is facing probation violation charges, don’t wait until it’s too late. A probation violation can mean the difference between freedom and years in prison—but legal defenses may be available to fight the charges.

At Fighter Law, our experienced criminal defense attorneys will thoroughly review your case, examine any due process violations, and fight to get you the best possible outcome.

Attorney Bridgette Williams

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