If you have been arrested for a crime in Broward County and subsequently pled guilty or no-contest, you may have been placed on probation. The attorneys at our office want to remind you of the importance of filing monthly reports if ordered to do so.
The failure to file monthly reports is a sufficient basis to revoke probation or community control. Indeed, the failure to file even a single monthly report may, in certain circumstances, justify revocation if such failure is willful and substantial and supported by the greater weight of the evidence. The reason is that supervision reports are not merely technical niceties and the failure to report is a serious violation of the privilege of supervision. Criminal lawyers advise that the Florida Supreme Court has rejected “any per se rule that the failure to file a single report may never justify revocation.” The Court reasoned that “Probation reports are not merely technical niceties and the failure to report is a serious violation of the privilege of probation. . . . Failure to enforce the reporting requirements undermines the system and the practical consequence is no control, no supervision, and no probation.” A sufficient basis for revocation on this ground is not established, for example, where the probationer or community controlee files two late reports to his or her probation or community control officer, one of which is five days late and the other one day late and both of which are accepted.
If you have been arrested and seek the advice of a criminal defense attorney, contact any of the numbers listed above. For Broward County, contact attorney William Moore.
For information on DUI and related offenses, please review Broward DUI.