Work Programs as a Condition of Probation, Community Control, or Other Court-Ordered Community Supervision

Our Palm Beach and Broward County criminal defense attorneys manage all aspects of the trial process for our clients, up to and throughout the course of probation, community control, or other court-ordered community supervision programs imposed as part of a criminal penalty.

With decades of experience in practicing law in front of local judges, first as prosecutors and then as criminal defense lawyers, our skilled attorneys know the ins and outs of the probationary periods as they are imposed on individuals who have committed various violations of the Florida State Statutes. As such, we know that the various types of probationary requirements that can be imposed on offenders can include various work programs, dealt with in s. 948.036 of the Florida State Statutes, which governs the classification of an individual engaged in a work program as part of probation, the wages to be paid to said person, etc.

The statute holds that whenever an offender is required by the court to participate in any type of work program under the provisions of s. 948.036, enters into the pretrial diversion program discussed in s. 948.08, or volunteers to work in a supervised work program conducted by a specific state, county, municipal or community service organization or to work for the victim of the crime that the offender has committed, said offender is to be considered an employee of the state for the purposes of chapter 440, which deals with worker’s compensation. This classification of offender as an employee of the state shall be valid whether the work program is entered into as an alternative to monetary restitution or as a part of the rehabilitative or community control program.

As our Palm Beach and Broward County criminal defense attorneys also know, in determining the average weekly wage, unless otherwise determined by a specified funding program, all remuneration received from the employer shall be considered a gratuity, and the offender shall not be entitled to any benefits otherwise payable under s. 440.15 (the subsection that handles compensation for disability), regardless of whether or not the offender may be receiving wages and remuneration from other employment with another employer regardless or his or her future wage-earning capacity. However, the provisions laid out in this statute, s. 948.036, do not apply to people performing labor under a sentence of a court to perform community services as provided in s. 316.193, the statute dealing with penalties for driving under the influence.

We know that the rules and particularities regulating the period of probation, community control or other court-ordered community service programs can be complicated, and that’s why we are here to help. If you’ve been arrested for or charged with a crime in Palm Beach, Broward or Miami-Dade County, contact us to schedule a free consultation. You can reach us by calling 1-888-5-DEFEND (1-888-533-3363).

Client Reviews
  • Leifert & Leifert has always gone above and beyond. Brian and his staff are such a pleasure to work with. They are always willing to help and guide you in the right direction. I would highly recommend Leifert & Leifert.
    ★★★★★
  • Brian Leifert is an excellent criminal defense attorney, well experienced in criminal court cases such as DUI and drug possession as well as traffic cases. If you have a traffic ticket in Broward or Palm Beach County you just bring it to his office and they take care of it. They maintain excellent communication to let you know what is happening with your case. I refer anyone that needs his services and they are always happy.
    ★★★★★
  • Consulted with Doug on a speeding ticket which I really didn't deserve, in my opinion...
    Doug is great! He is professional, fair and follows through. He took care of my case quickly and thoroughly. I was at ease throughout the entire process. My case was dismissed, no points, no traffic school and his fee was very reasonable!
    ★★★★★
  • I received a ticket for a stop sign violation. I am a careful driver and had a perfect driving record until now. I hired Douglas Leifert and was thrilled that he got my case dismissed - no points, no traffic school, no fines. Would definitely hire again!
    ★★★★★
  • After consulting several attorneys, I hired Mr. Leifert to represent me on a complicated and potentially devastating case. I found Mr. Leifert and his staff to be experienced, accessible and willing to go the extra mile to accommodate my situation. Leifert & Leifert exceeded my expectations and I wholeheartedly recommend this firm.
    ★★★★★
Free Initial Consultation
Contact Us 1.888.5.DEFEND