The Florida Community Control Program is the largest in the country, taking in about a thousand new prisoners each month. The program places offenders under house arrest or electronic surveillance as an alternative to a traditional incarceration sentence. As described by the Florida Department of Corrections (FDOC), community control is “a form of intensive supervised house arrest in the community, including surveillance on weekends and holidays, administered by officers with limited caseloads. It is an individualized program in which the freedom of the offender is restricted within the community, home, or non-institutional residential placement, and specified sanctions are imposed and enforced.”
Eligibility for Community Control in Florida
In Florida, a sentencing judge may sentence a defendant to community control as an alternative to imprisonment. Pursuant to Florida Statute §948.10(1), the following three categories of offenders are eligible:
- Probation violators charged with technical violations or misdemeanor violations;
- Parole violators charged with technical violations or misdemeanor violations;
- Individuals found guilty of felonies, who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation.
Offenders convicted of capital felonies (felonies punishable by death) are not eligible for a community control sentence.
What Does Community Control Involve?
The Florida Community Control Program is far more restrictive than traditional probation. Participants are subject to strict supervision, including:
- Curfews that dictate when they must be at home.
- Frequent check-ins with their community control officer.
- Mandatory employment requirements, where they must maintain a job and provide documentation of their work schedule.
- Restrictions on travel outside of designated areas.
- Random visits from community control officers to ensure compliance.
Participants may also be required to undergo random drug and alcohol testing, attend counseling or treatment programs, and adhere to strict behavioral guidelines. Additionally, individuals may be required to participate in community service or other court-ordered rehabilitation efforts to promote positive behavior change.
Violating Your Community Control Program
If you are already on house arrest, you can violate your community control program in a few ways, including:
- A substantive violation for breaking another law while on house arrest (i.e., you are charged with possession of marijuana while on house arrest for a theft conviction)
- A technical violation for violating any term or condition of your house arrest (i.e., missing a meeting with your community control officer while on house arrest)
- If you fail to adhere to the conditions (travel restrictions, community service, etc.) stated in your sentence
If you are accused of violating your community control sentence, a warrant may be issued for your arrest and you may have to wait in county jail until your violation of community control hearing. At your hearing, the court may revoke, modify, or continue your community control in Florida. If it is revoked, the judge may impose any sentence that it might have originally imposed, such as incarceration. With so much on the line, it is critically important that you hire an experienced South Florida criminal defense attorney to represent you at your violation of community control hearing.
Benefits and Challenges of Community Control
Community control can offer significant benefits to both offenders and the justice system. By allowing certain individuals to serve their sentences in a supervised community setting rather than in jail or prison, community control helps reduce overcrowding in correctional facilities. It also provides participants with an opportunity to maintain employment, support their families, and engage in productive activities within the community.
However, the program’s strict guidelines can make it challenging for participants to remain compliant. Even minor infractions, such as missing a scheduled check-in or failing to report for work on time, can result in severe consequences. As such, individuals under community control in Florida must remain diligent in adhering to all program requirements.
For more detailed information on the Florida Community Control Program, visit the FDOC’s official page.
Why You Need Legal Representation
If you have been charged with a misdemeanor or non-capital felony or a parole or probation violation in South Florida, it is in your best interests to hire an experienced criminal defense attorney. An attorney can advocate on your behalf to minimize the consequences you may face and potentially avoid jail time altogether. The South Florida law team at Galanter Law has Miami criminal attorneys and Fort Lauderdale criminal attorneys available who will do everything in their power to keep you out of jail, including advocating on your behalf for an alternative sentence such as house arrest.
How Galanter Law Can Help
At Galanter Law, our Miami criminal attorneys and Fort Lauderdale criminal attorneys have extensive experience helping clients:
- Obtain alternative sentences such as house arrest.
- Defend against accusations of violating Florida community control.
- Get charges dismissed or prevent the revocation of house arrest sentences.
At Galanter Law, our Miami criminal defense lawyers and Fort Lauderdale criminal defense lawyers have substantial experience in both helping clients obtain alternative sentences such as house arrest and helping clients who have been charged with violating their community control get the charge dismissed or avoid the revocation of their house arrest sentence and subsequent incarceration.
If you have been charged with a misdemeanor or non-capital felony, or if you are facing a parole or probation violation in South Florida, it is in your best interests to hire an experienced Miami criminal defense attorney or Fort Lauderdale criminal defense attorney from Galanter Law. Contact us today – we can help you protect your future.
