Criminal Defense Lawyers

What is the Difference Between Probation and Community Control in Florida?

What is the Difference Between Probation and Community Control in Florida?

Probation and community control are both alternatives to incarceration in Florida’s criminal justice system. However, there are some key differences between the two forms of supervised release that those facing charges should understand.

Probation Overview

Probation is a common sentence for individuals convicted of misdemeanor offenses or low-level felonies in Florida. It allows someone to serve their sentence in the community rather than being incarcerated.

During probation, individuals must comply with certain conditions set by the court, like:

• Reporting regularly to a probation officer
• Maintaining employment
• Abstaining from drug or alcohol use
• Completing community service hours
• Paying fines, fees or restitution

Probation terms typically last 1-5 years depending on the offense. Defendants on probation are allowed to live and work freely within the community, as long as they follow their probation conditions.

Probation gives individuals a chance to rehabilitate and become productive members of society again without serving time in jail or prison. However, if someone violates their probation terms, they could face penalties like increased supervision, community service, jail time or even revocation of their probation.

Community Control Overview

Community control is a stricter form of probation in Florida reserved for more serious offenses like violent felonies, sex crimes or for repeat probation violators. It is sometimes referred to as “house arrest” and involves much higher levels of restriction and supervision.

Some key aspects of community control include:

• Electronic monitoring – Individuals are required to wear an ankle monitor at all times that tracks their location using GPS. This allows probation officers to monitor their movements 24/7.
• Home confinement – Besides work, school or other approved activities, individuals on community control are required to remain at home. Their movements in the community are tightly restricted.
• Curfews – A set curfew is imposed, requiring individuals to be home at specific times each day. For example, a curfew may be set from 10pm to 6am daily.
• Regular reporting – Individuals must report frequently to their probation officer, sometimes as often as once a week. The probation officer also makes unannounced home visits.
• Drug/alcohol testing – Individuals are subject to frequent, random drug and alcohol testing.
• Counseling – Counseling, treatment programs or other rehabilitative services may be required.

Community control usually lasts 1-2 years. The high level of restriction and monitoring means that any violations are dealt with swiftly and harshly. Even minor infractions can result in jail time or potentially imprisonment if community control is revoked entirely.

That’s why it’s critical to fully comply with all community control requirements. Hiring an experienced criminal defense attorney can help protect your rights if you end up facing violation charges.

Key Differences Between Probation and Community Control

While probation and community control are both alternatives to incarceration, there are some notable differences:

• Probation allows individuals much more freedom to live and work normally within the community. Community control heavily restricts movements and imposes home confinement.
• Probation does not involve electronic monitoring. Community control requires wearing an ankle monitor at all times to track movements.
• Probation check-ins are less frequent, like once a month. Community control requires weekly check-ins and unannounced home visits.
• Probation terms usually last 1-5 years. Community control typically lasts 1-2 years due to the higher level of supervision.
• Probation is reserved for misdemeanors and low-level felonies. Community control is for violent/serious felonies or repeat violators.
• Probation violations may just result in increased supervision or community service. Community control violations often lead to jail time or revocation.

So in summary, community control is a much stricter form of probation reserved for serious offenders. The trade-off is avoiding prison time, but losing much of one’s freedom in the process.

Eligibility and Sentencing

In Florida, judges have discretion when it comes to sentencing those convicted of crimes. For less serious offenses, probation is commonly imposed. For more serious or repeat offenses, a judge may impose community control rather than incarceration.

According to Florida statute, community control is available for felony offenses only. The statute also notes that community control should be limited to “serious offenders” who would otherwise be incarcerated. Factors like criminal history, severity of the crime, risk to public safety and more are considered.

Some examples of offenses where community control may be imposed include:

• Violent felonies like aggravated assault, robbery, domestic violence
• Burglary or theft crimes
• Drug trafficking or distribution charges
• Sex offenses that do not require prison time under Florida law

Community control is also commonly imposed for felony probation violations. For example, if someone receives probation for a burglary conviction but then violates their probation terms, a judge may revoke probation and impose community control instead of sending them to prison.

The length of community control terms depends on the offense but is usually 1-2 years in Florida. Only in rare cases is community control imposed for longer than 2 years. The judge determines the exact terms based on the facts of the case.

Conditions of Community Control

The conditions of community control are strict in order to closely monitor offenders and limit any risk to the community. Standard conditions per Florida statute include:

• Remain confined to an approved residence except for approved activities like work, school, medical appointments, church or court-ordered obligations.
• Wear an electronic monitoring device and follow all monitoring procedures. GPS is used to track movements.
• Follow a set curfew as directed by the probation officer – for example, remain home from 10pm to 6am daily.
• Report in-person to the probation officer as directed. Frequency is often weekly but can be more or less depending on risk factors.
• Submit to random drug and alcohol testing at any time to ensure sobriety.
• Consent to warrantless searches by probation officers of one’s person, residence or vehicle.
• Maintain full-time employment or school enrollment if able. Provide proof if requested.
• Do not associate with any person engaged in criminal activity or designated by the court.
• Pay for any electronic monitoring costs as determined by the Department of Corrections.
• Obtain court approval before changing residence. Provide address and information on new cohabitants.
• Do not own, possess or be in control of any firearm or weapon.

A judge may also impose special conditions like sex offender registration, no contact orders, counseling, treatment programs, community service and other terms.

Any violations of these conditions can lead to severe penalties. Community control leaves very little margin for error.

Consequences of Violating Community Control

Unlike probation which allows some leniency, violating any terms of community control can result in swift and serious penalties. According to Florida statute, if probation officers allege a violation, the court will issue an arrest warrant and detain the offender until a violation hearing.

At the hearing, if the court determines a willful and substantial violation occurred, options include:

• Imposing a term of incarceration. This may range from a short jail stay to imprisonment in state prison if community control is revoked entirely.
• Modifying the terms of community control like imposing new curfews, treatment programs or other conditions.
• Extending the period of community control up to the statutory maximum term.
• Re-instating the original probation if community control was imposed for a violation.
• Any other appropriate sanctions deemed proper by the court.

Even minor infractions can count as willful violations, like missing curfew, failed drug tests, leaving home without authorization or not charging an ankle monitor. These can quickly lead to jail time and revocation of community control.

That’s why working with an experienced criminal defense attorney is so important if you end up charged with violations. An attorney’s advocacy could mean the difference between staying in the program or going to prison.

Finding the Right Criminal Defense Attorney

Being sentenced to community control in Florida limits freedom and leaves little room for error. The consequences for violations are severe.

If you or a loved one are facing community control sentencing, or have been charged with violations, an experienced local attorney can protect your rights. Look for a lawyer with extensive experience in Florida courts handling probation and community control cases. This gives them in-depth understanding of the complex rules and laws related to supervised release.

The right attorney will thoroughly examine the facts of your case, explain all possible options, develop an aggressive legal strategy, and build the strongest defense to achieve the most favorable outcome. This could mean avoiding jail time and staying in the community control program.

Every case is different. With skilled legal representation, Florida law does provide tools to defend against alleged community control violations. Don’t leave your fate to chance. Consult with a dedicated criminal defense attorney as soon as possible.

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