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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
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Experience:  Almost 12 years of legal experience
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My boyfriend was plces on florida state probation when released

Customer Question

My boyfriend was plces on florida state probation when released from jail didn't report after about a week his po talked him into coming in from there was placed under arrest for violation is reinstatement a possibility what are the florida statutes for this
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
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Expert:  Hammer O'Justice replied 2 years ago.
The law you are looking for is here:
Scroll down to section 2(a):
(2)(a) The court, upon the probationer or offender being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program.
As you can see, the judge can continue the probation, which is the reinstatement you were referring to. It basically just means he is sent back to probation to carry on under the same conditions as before. Another option the court has is to modify his probation, which means that he'd still likely be on probation but the court may impose additional terms on him (like a longer probation time, community service, etc.). The final option is to revoke it, which means he'd be taken off probation and given some sort of jail term. The court may also do a hybrid sentence, which is to say it can sentence him to a brief period of jail time and then return him to probation upon release.
So yes, continuing on probation is possible. The courts are not particularly happy when someone who was given the second chance of probation violates, but if he has a compelling reason and/or a compassionate judge, he could be returned to probation.