Misdemeanor Probation in Hillsborough County, Florida: What You Need to Know

Being placed on misdemeanor probation in Hillsborough County can allow a defendant to avoid serving additional time in jail, but probation should not be confused with simply having a case behind you. While on probation, a defendant remains under court supervision and must comply with specific conditions until the probationary period ends or the court terminates probation.

Failing to comply with those conditions can result in a violation of probation, an arrest warrant, additional conditions, or even a jail sentence.

If you have been sentenced to misdemeanor probation in Tampa or elsewhere in Hillsborough County, understanding exactly what is expected of you can help you avoid turning a misdemeanor case into a much more serious problem.

Who Supervises Misdemeanor Probation in Hillsborough County?

Misdemeanor probation in Hillsborough County is currently supervised by the Hillsborough County Sheriff's Office (HCSO) Misdemeanor Probation Services Unit.

HCSO states that the unit handles intake, case management, monitoring, and supervision of misdemeanor offenders placed on probation or community service by Hillsborough County courts. Probation Specialists monitor compliance with court-ordered conditions and provide the court with investigative and violation reports when appropriate.

HCSO currently lists two misdemeanor probation locations:

Tampa: George Edgecomb Courthouse, 800 E. Twiggs Street, Tampa, Florida 33602.

Plant City: Plant City Courthouse, 301 N. Michigan Avenue, Plant City, Florida 33563.

The Tampa office currently lists weekday hours of 7:30 a.m. to 5:00 p.m., excluding holidays, while the Plant City office lists weekday hours of 8:00 a.m. to 4:30 p.m., excluding holidays.

How Long Is Misdemeanor Probation in Florida?

Misdemeanor probation can last up to 12 months depending on the offense for which you are sentenced.

Generally, a second degree misdemeanor is punishable by up to 6 months of probation while a first degree misdemeanor is punishable by up to 1 year of probation.

DUI cases have their own requirements. Florida law requires people convicted of DUI to be placed on monthly reporting probation. For a first DUI conviction, the probationary period may not exceed one year, and the combined period of incarceration and probation may not exceed one year.

The actual length and conditions of probation depend on the sentence imposed by the judge and the particular offense.

What Are the Conditions of Misdemeanor Probation?

There is no single set of conditions that applies identically to every Hillsborough County misdemeanor case. The sentencing judge determines the conditions of probation, and additional requirements may be imposed depending on the charge.

Florida's standard probation conditions can include requirements to:

• Report to probation as directed;

• Allow a probation officer or supervising official to visit;

• Maintain suitable employment when possible;

• Remain within an authorized geographic area;

• Live without violating the law;

• Pay restitution when ordered;

• Complete community service;

• Pay court costs, fines, and supervision costs; and

• Comply with any special conditions imposed by the sentencing judge.

Depending on the underlying offense, special conditions could include substance-abuse evaluation or treatment, anger-management counseling, Batterers' Intervention Program participation, DUI School, a Victim Impact Panel, theft-related classes, drug or alcohol testing, ignition-interlock requirements, or other programs.

The sentencing documents matter. A defendant should understand every condition contained in the court's order rather than assuming that another person's probation requirements will be the same.

How Much Does Misdemeanor Probation Cost?

Florida law provides that a person placed on misdemeanor probation by a county court must contribute at least $40 per month, as determined by the sentencing court, toward the entity providing misdemeanor supervision.

That does not necessarily represent the defendant's entire financial obligation.

Depending on the sentence, a defendant may also be responsible for court costs, fines, restitution, program fees, treatment expenses, testing costs, community-service-related expenses, and other court-ordered obligations.

Financial conditions should not be ignored. If someone genuinely cannot meet a financial obligation, the issue should be addressed appropriately rather than simply allowing unpaid amounts to accumulate until the probation period expires.

Do I Have to Report in Person?

Florida law allows probation reporting requirements to be fulfilled remotely when remote reporting is approved by the supervising probation authority or officer and the sentencing court has not prohibited it.

That does not mean every person on Hillsborough County misdemeanor probation can choose telephone or remote reporting.

The reporting method may depend on the court's order, the offense, the person's circumstances, and instructions from the HCSO Misdemeanor Probation Services Unit.

A defendant should follow the specific reporting instructions provided by the supervising Probation Specialist.

Missing a required report because someone assumed it could be handled remotely can create an unnecessary probation problem.

Can I Leave Hillsborough County While on Probation?

Travel restrictions depend upon the conditions imposed in the particular case.

Florida law permits probation conditions requiring a person to remain within a specified place, and leaving an authorized area without required permission can constitute a technical violation.

A defendant who needs to travel should therefore determine whether permission is required before leaving, particularly for extended or out-of-state travel.

Never assume that misdemeanor probation automatically permits unrestricted travel.

Can I Drink Alcohol While on Misdemeanor Probation?

That depends on the probation order and the nature of the underlying case.

Some probation sentences include specific restrictions involving alcohol or controlled substances. Alcohol-related offenses, DUI cases, and cases involving substance-abuse treatment may have additional conditions.

The safest source is the actual sentencing order and instructions provided by probation.

A defendant should not assume alcohol is permitted merely because the underlying charge was not DUI.

Can I Use Medical Marijuana While on Probation?

This is another issue that should be addressed based on the defendant's actual probation conditions and court orders rather than assumptions.

Probation can include restrictions concerning controlled substances and drug testing. A Florida medical marijuana card does not necessarily override a court-imposed probation condition.

If there is uncertainty regarding whether prescribed medication or medical marijuana conflicts with probation, the issue should be clarified before use rather than after a positive drug test.

What Happens If I Get Arrested While on Probation?

A new arrest can create two separate legal problems.

First, the defendant must deal with the new criminal charge. Second, the alleged conduct may result in a violation of the existing probation.

Florida law specifically provides that a conviction is not required before conduct constituting a new law violation can be treated as a violation of probation.

That distinction is extremely important. The dismissal of a new criminal case does not necessarily mean an associated probation violation automatically disappears.

A person arrested while on misdemeanor probation should therefore consider both the new case and the potential probation consequences.

What Is a Technical Violation of Probation?

A technical violation generally involves violating a condition of supervision without committing a new felony, misdemeanor, or criminal traffic offense.

Florida law identifies examples of lower-risk technical violations that can include:

• Failing to report;

• Failing to report a change of address;

• Missing required treatment or counseling;

• Failing to submit to a drug or alcohol test;

• Testing positive for drugs or alcohol;

• Violating curfew;

• Falling behind on required community service;

• Failing to satisfy required monthly financial obligations;

• Leaving the county without permission; or

• Failing to report a change in employment.

What Happens After a Violation of Probation in Hillsborough County?

When probation believes a material violation occurred, the matter can be reported to the court. Florida law permits a probationer to be arrested under certain circumstances, and a judge may issue a warrant when there are reasonable grounds to believe a material violation occurred.

If the violation is contested, the defendant is entitled to a violation-of-probation hearing.

A probation violation hearing is different from a new criminal trial. If the court ultimately determines that a violation occurred, the judge has several options. Depending on the circumstances, the court may continue probation, modify the conditions, or revoke probation.

If probation is revoked, Florida law generally allows the judge to impose a sentence that could originally have been imposed for the underlying offense.

That is why even an apparently minor violation should be taken seriously.

Can You Go to Jail for Violating Misdemeanor Probation?

Yes.

A person does not become immune from jail merely because the original sentence involved probation. If probation is revoked, the court can generally impose a sentence that was legally available for the original misdemeanor.

The potential exposure therefore depends in part upon the classification of the underlying offense, the original sentence, the nature of the alleged violation, and other circumstances.

At the same time, jail is not the inevitable result of every probation violation. Florida law provides other potential outcomes, particularly for qualifying low-risk technical violations.

Does the State Have to Prove a Probation Violation?

Yes. An allegation by a probation officer does not automatically establish a violation.

Unless the defendant admits the violation, the defendant is entitled to a hearing and an opportunity to be represented by counsel, present evidence, and challenge the allegation.

Probation violation proceedings do not operate under exactly the same rules as a criminal trial, however. Defendants should therefore avoid assuming that defeating a VOP is the same as defending a new misdemeanor charge at trial.

Can Misdemeanor Probation Be Terminated Early?

Early termination may be possible in appropriate cases, but defendants should not assume probation automatically ends merely because they have completed their classes, community service, or financial obligations ahead of schedule.

The court, not the probationer, controls the probation sentence.

Completing all conditions early can nevertheless be important when seeking termination. Before requesting early termination, it is generally helpful to have completed all affirmative conditions, remained violation-free, and resolved outstanding financial obligations.

Whether early termination is legally available or strategically advisable depends on the sentence and circumstances of the case.

Does Completing Everything Mean I Can Stop Reporting?

No.

This is one of the most dangerous assumptions a person on probation can make.

Finishing community service, paying court costs, completing counseling, or finishing a required class does not necessarily terminate probation.

Unless the court has entered an order terminating probation or the probationary term has lawfully expired, the defendant should continue complying with all reporting requirements and other conditions.

What If I Cannot Complete a Condition Before Probation Ends?

Do not wait until the last week of probation to address the problem.

If a defendant has been ordered to complete treatment, community service, counseling, a class, restitution, or another affirmative condition, failing to complete it by the required deadline may expose the defendant to a violation.

Problems sometimes arise for legitimate reasons. Classes may be unavailable, treatment providers may have waiting lists, employment may interfere with scheduling, or a person may face genuine financial hardship.

Those issues are generally easier to address before a deadline has passed.

What Happens When Misdemeanor Probation Ends?

When probation has been successfully completed and the period of supervision terminates, the defendant is released from probation for that offense.

However, completing probation does not necessarily erase the underlying criminal case.

Whether a record can later be sealed or expunged depends on factors including the disposition of the case, the person's criminal history, and Florida's eligibility requirements. A withhold of adjudication can have significantly different consequences from an adjudication of guilt when evaluating potential record-sealing eligibility.

Is Misdemeanor Probation the Same as Misdemeanor Intervention?

No.

Probation generally occurs as part of a sentence after a plea, finding of guilt, or conviction. A diversion program such as the Misdemeanor Intervention Program (MIP) is designed to resolve eligible criminal cases without proceeding through the ordinary prosecution and sentencing process.

Florida law provides for pretrial intervention programs for certain eligible defendants.

Successful completion can potentially result in dismissal of the pending charge.

Because diversion can potentially avoid a conviction or traditional probation sentence altogether, eligibility should ideally be evaluated while the criminal case is still pending.

Tampa Misdemeanor Probation Attorney

Probation can be an opportunity to resolve a misdemeanor case without additional incarceration, but it also gives the court continuing authority over the defendant while the sentence remains in effect. A missed appointment, unfinished condition, positive test, unauthorized travel, or new arrest can potentially result in a violation and bring the defendant back before the sentencing judge.

At Hunt Law | Tampa Criminal Defense, Tampa criminal defense attorney J. Ruffin Hunt represents individuals charged with misdemeanor offenses and individuals accused of violating misdemeanor probation in Hillsborough County. As a former Division Chief with the Hillsborough County Public Defender's Office, Mr. Hunt has extensive experience handling criminal cases in Tampa and throughout Hillsborough County.

If you are currently facing a misdemeanor charge, have questions about the probationary consequences of a proposed plea, or have been accused of violating probation, contact Hunt Law | Tampa Criminal Defense for a free case consultation.