Can you get probation for a felony in Florida?

Asked by: Keara Eichmann  |  Last update: October 3, 2025
Score: 4.9/5 (41 votes)

Yes, it's possible to receive probation for a first degree felony in Florida, although it's not guaranteed. The court will consider factors such as the nature of the crime, the defendant's criminal history, and any mitigating circumstances.

How does felony probation work in Florida?

Probation in Florida is a form of court-ordered supervision that does not require you to remain in jail, prison, or on house arrest (in most cases). Instead, your probation involves supervision by your probation officer and includes many rules you must follow and tasks you must complete.

How long is probation for a felony in Florida?

The length of probation can be a few years to over 10 years in length. Probation in Florida has standard conditions that every probationer has to follow. In some cases and depending on the crime and the status of the victim, the court may impose special conditions as well.

Can a felony be dropped in Florida?

Prosecutors in Florida have the discretion to allow felony charges be dropped: Lack of Evidence: If there's insufficient evidence to prove guilt beyond a reasonable doubt, prosecutors may choose to drop the charges rather than risk losing at trial.

Do first-time felony offenders go to jail in Florida?

For first-time felony offenders, the judicial system in Central Florida may offer alternatives to jail that aim to rehabilitate rather than punish. Options such as probation and diversionary programs are designed to help individuals reintegrate into society.

Can I get probation for a D felony

35 related questions found

What is the lowest sentence for a felony?

Most felonies, however, come with determinate sentences and three possible terms judges can choose from (lower, middle and upper). The lowest possible sentencing for a felony is 16 months, two years or three years. But many felonies such as first-degree robbery, carry a sentence of three to nine years.

Do felonies go away after 7 years in Florida?

A felony conviction in Florida will typically remain on your record indefinitely. It does not automatically disappear or “fall off” after a certain period. However, under certain conditions, you may be eligible to have your record sealed or expunged, which can hide or remove the conviction from public view.

What is the most common felony in Florida?

One of the most prevalent criminal charges in Florida is related to drug offenses. This category encompasses charges associated with the possession, sale, or trafficking of illegal drugs or controlled substances.

How often are felony charges dropped?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.

What is the 7 year law in Florida?

While not an official law, many Florida courts institute a “7-year” rule when it comes to the length of the marriage. If the marriage has lasted longer than seven years, it's considered a “long marriage”, while a “short marriage” is one that lasts less than seven years.

How bad is felony probation?

The maximum county jail time for a felony probation sentence is one year (served at half-time). Felony probation typically lasts between three and five years in California. The terms of probation are imposed by the judge. Importantly, the probationer must obey all laws.

What is the new probation law in Florida?

The Bill was signed into law by Governor Ron DeSantis on June 3, 2022, and was effective on July 1. Among other things, the Bill enables Floridians on probation to receive new education and employment credits that will cut their probation terms short.

What is the least bad felony?

Felonies are classified based on their severity and related punishments. In general, Class 1 felonies are the most serious, while Class 6 felonies are the least serious.

Is there a curfew on felony probation in Florida?

Typically the curfew period is from 10 p.m. to 6 a.m., although the court can order a different 8-hour period for work-related reasons.

Can you outrun felony probation?

Your probation will not expire. You will have an active warrant until you are eventually apprehended on it. If you are not picked up until after your probation expires, the judge will not be able to place you back in probation. If you turn yourself in before it expires, this MAY be an option.

Can you drink alcohol on felony probation in Florida?

When released on probation, you can expect the terms of your release to include certain common restrictions like not committing a new offense. However, the terms of probation differ from case to case. A common requirement is also to remain drug-free but, generally speaking, this does not include alcohol.

How to beat a felony charge?

The 5 most common ways to get a felony charge dropped are (1) to show a lack of probable cause, (2) to demonstrate a violation of your constitutional rights, (3) to accept a plea agreement, (4) to cooperate with law enforcement in another case, or (5) to enter a pretrial diversion program.

What percentage of felony cases are dismissed?

Most felony filings result in convictions. Convictions are the norm in all cases. In 2013–14, 70% of felony cases that were resolved before trial resulted in a felony conviction, 13% resulted in a misdemeanor conviction, and 17% were dismissed, transferred, or resulted in an acquittal.

How to avoid jail time for felony?

5 strategies for lessening or avoiding jail time in felony cases
  1. #1: Negotiating plea bargains. Pleading out can be a strategic move. ...
  2. #2: Rehabilitation and counseling. ...
  3. #3: Character references. ...
  4. #4: Diversion programs. ...
  5. #5: Demonstrating remorse.

Does felony mean jail time in Florida?

Felony convictions, especially for more severe criminal offenses, usually result in a state prison sentence rather than time in county jail. The length and conditions of the sentence depend on the degree of the felony and other sentencing guidelines.

What can felons not do in Florida?

Florida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.

Which is worse, felony 1 or 3?

In criminal law, a first-degree offense is the worst felony. It's worse than a second-degree offense, which is worse than a third-degree offense, and so on. So the higher the degree, the lesser the crime.

What felonies cannot be expunged in Florida?

36 Crimes that Cannot be Sealed or Expunged in Florida
  • Arson.
  • Aggravated Assault.
  • Aggravated Battery.
  • Illegal use of explosives.
  • Child abuse or Aggravated Child Abuse.
  • Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult.
  • Aircraft piracy.
  • Kidnapping.

Does being a felon affect your credit?

Although your criminal record doesn't directly impact your credit score, the financial burden that accompanies legal penalties can result in significant credit damage. Legal fees, court fines, restitution, and loss of income due to unemployment or incarceration can cause you to fall behind on payments.

What is the 3 felony rule in Florida?

Florida's “Three Strikes” law (also known as the 10-20-Life law) is outlined in Florida Statute 775.087. When a repeat violent offender commits a third crime after their initial release, a severe prison sentence for the third felony conviction becomes mandatory.