During the hearing, the court will review each allegation of violation on a case-by-case basis to determine under the particular facts and circumstances of the case, whether a particular violation is willful and substantial by the greater weight of the evidence. An experienced lawyer can help you assert important defenses during the Violation of Probation Hearing.
The violation of probation in Florida is not willful or substantial if the individual makes reasonable efforts to comply with the conditions of probation, but fails to comply because of some factor out of the individual's control such as a medical emergency or mental illness.
The failure to submit to submit the report may not be substantial when the individual is otherwise in compliance with the terms of his probation. A curfew violation might not be a substantial violation of probation if the individual was not at his residence at the required time due to unexpected car trouble or other circumstance that are out of his control.