I've been practicing criminal defense here in Orange/Seminole/Osceola county for over twenty years. [these are the kind of boring sentences that excite my web optimizers, so bare with me, their arm hairs stand at attention because I'm 1) telling you folks I practice criminal defense, 2) telling you how long I've been doing it, and 3) telling you the geographic area that I practice] I'm not telling you this for SEO purposes, it is merely a disclaimer, since I don't have a lot of experience with violations of probation in other states. But, having no data whatsoever hasn't stopped me before, so here's my scientific findings: Florida probation officers violate probationers more than they "should." They violate probationers just because they are angry/frustrated with a probationer, rather than for actual legal reasons. And, I have several boring war stories involving probation officer antics, but I'm saving them for the next attorney conference in which we all huddle up at an expensive hotel and tell each other how we've "fought the good fight." Sure, it sounds like one big circle jerk (remember that band?), but we get CLE credits for it.
Anyway, I'm not troubled by the fact that a probation officer with no legal education and no law degree would concoct a violation that happens to be illegal. No surprise there. The shocker here is that some judges are signing violation warrants that are clearly illegal. Don't believe me? Let's take a look at Walker v. State, 120 So. 3d 96 (Fla. 4th DCA 2013).
Walker was initially sentenced to three years of probation. While on probation, it is alleged that Walker fled the police in his car, and his car twice bumped into a cop car during the chase. That car chase led to an arrest for aggravated battery on a law enforcement officer, refusing to stop when ordered (like a baby fleeing charge), resisting arrest with violence, and disobeying a traffic signal (running a red light). Naturally, his probation was violated. The judge found him guilty of his vop (violation of probation) and sentenced Walker to five years in prison. So, Walker appealed his violation, arguing that 1) the running a red light citation shouldn't have been a basis for a violation, and 2) his car "bumping" a police car did not constitute aggravated battery upon the officer inside. In case you're curious as to the finer points of this type of charge, you can find a sample Motion to Dismiss an aggravated battery on my website.