VIOLATIONS OF PROBATION

Recent Court Wins

VIOLATIONS OF PROBATION

Probation continued for Tampa Defendant with New Charge

State v. M; Judge: Daniel Perry

FACTS:  The client was placed on felony probation for Burglary of an unoccupied Dwelling in June  of 2006.  One of his conditions of probation was to successfully complete a drug treatment program.  While on probation he was involved in an auto accident and was ultimately charged with leaving the scene of an accident.  Shortly after the accident his truck was repossessed which forced him to miss his drug treatment program.  His affidavit of violation of probation contained two violations.  First, he committed the new law offense while on probation (leaving the scene of an accident), and second, he failed to successfully complete his drug treatment.   We filed a motion to surrender our client to Judge Perry in an effort to avoid any jail time, and hopefully resolve his violation in front of the judge. 

DEFENSE: The client had a very good job as a mechanic working on heavy machinery.  The auto accident caused the loss of his vehicle and kept him from attending the drug treatment classes.  He did have a good record of attendence before the accident occurred. 

RESULT:  The Court did not take the client into custody or violate his probation.   He was continued on probation and given the oppurtunity to successfully complete probation. 

Tampa man absconds from Felony Probation, avoids jail, gets probation terminated

State v. C; Judge: Daniel Perry

FACTS: Our client was placed on 18 months felony probation for a forgery charge. Although the client was doing well on probation, he was suffering from a severe drug problem. Eventually he addressed this issue with his probation officer in hope of getting help with his addiction. Since the client was not on probation for a drug related offense, the probation officer was limited in his ability to help the client beyond merely suggesting local private treatment facilities. Frustrated with his inability to find affordable in-patient drug treatment in Tampa, the client decided to take matters in to his own hands. After extensive research, he located an affordable intensive in-patient substance abuse treatment facility in North Carolina. However, a term of the client's probation prohibited him from leaving Hillsborough County. Although the client realized that if he left the county he would be violated and likely arrested, he felt that if he didn't get help immediately he would be in danger of harming himself or someone else. Faced with this dilemma, the client decided to leave to drive to North Carolina to seek treatment. The client was subsequently violated by his probation officer and a warrant was issued for his arrest with no bond.

Many people do not realize the significance of being place on felony probation. There is a common misconception that when someone is placed on probation their case is over. In reality, the case is still open and any violation, no matter how minor, exposes the probationer to the maximum sentence for their charges. The Courts view probation as an alternative to incarceration. It is used as a tool to monitor defendants' behavior after sentencing, and strict compliance is expected. This case illustrates how someone can be violated, even when they are trying to do something positive.

DEFENSE: The client's violation of probation was not "willful" because his drug problem had reached the point that he felt like there was no alternative but to enter the treatment program.

RESULT: Client contacted our office immediately upon completing the in-patient treatment program. We were able to arrange for him to turn himself in to the Court, and address the violation at the same hearing. After presenting evidence of the client's drug abuse issues and treatment, the Judge agreed to withdraw the warrant and terminate the client's probation, all without doing a single day of jail time.

State v. C; Judge: Thomas Barber

Tampa man avoids jail, after violating reckless driving probation

Facts: Our client was on 12 months probation for reckless driving. While travelling across the State, the Client experienced car trouble which ultimately led to him missing an appointment with his probation officer. The client tried to call and reschedule, but was unable to reach his P.O. Assuming that a warrant for his arrest had already been issued, our client stopped reporting to probation entirely. As a result, the client fell behind on his monthly payments and community service requirements, in addition to his monthly meetings.

When a person violates his or her probation, many times they will stop participating in probation entirely. It is important to realize that even if a person is "in violation" of there probation, the court still expects that the person with continue to work towards completing the remaining conditions. Probation does not stop once someone violates. In this situation, our client made the mistake of quitting probation entirely which resulted in multiple additional violations.

If you think that you might be in violation of your probation, it is important to contact an experienced attorney as soon as possible. Many times it is possible to withdraw the warrant and address the violation without ever going to jail. However, it is extremely important that you deal with the violation immediately, so that you don't expose yourself to additional violations.

RESULT: We were able to surrender the Client to the Court, withdraw the warrant, and explain the special circumstances surrounding his violations to the Judge. The client was continued on probation without ever being taken into custody.

State v. C; Judge: William Fuente; Date: August 6, 2007

FACTS: The client (defendant) was put on felony probation for Obtaining a Controlled Substance by Fraud. The Court withheld adjudication (no conviction), and put him on 18 months drug offender probation. The Court agreed to transfer the defendant's probation because he lived in Memphis, Tennessee.

FIRST VIOLATION OF PROBATION:

The probation officer in Hillsborough County eventually became aware that the defendant had been arrested for a drug charge in Tennessee. The charge was similar to the one he was put on probation for in Tampa. A warrant for the defendant's arrest was issued and the defendant was arrested in Tennessee.

When you are arrested on an out-of-state warrant it can sometimes take weeks before you are transported to the jurisdiction that put on probation; in this case, Hillsborough County. The client was able to make bond in Tennessee, and we filed a motion to surrender the client in Tampa. Shortly after he was released in Tennessee the defendant appeared in Court, in Tampa, to surrender himself.

RESULT: It was evident from the probation report that the client had been making efforts to successfully complete his supervision. After negotiations with the prosecution we were able to continue the defendant on probation. This allowed the client to return to Tennessee without serving any jail time.

SECOND VIOLATION OF PROBATION:

FACTS: The client was arrested a second time for committing another drug related offense. He was taken into custody in Tennessee to await extradition. We contacted counsel in Memphis who arranged for the client to attend a drug treatment program in Tennessee. While the defendant awaited extradition in Tennessee we had discussions with the prosecution about the intensity of the treatment program, and his attendance.

RESULT: The prosecution agreed to dismiss the violation, and the client was never transported from Tennessee, or adjudicated for the violation of probation.

DEFENDANT AVOIDS PRISON AND PROBATIONS ARE TERMINATED IN PASCO AND HILLSBOROUGH COUNTIES

State v. S.; Judge: Mark Wolf & Pat Siracusa; Hillsborough & Pasco Counties; Date: July 6, 2007

FACTS: Our client was initially put on probation in Pasco County in August of 2006 for Possession of Methamphetamine; possession of marijuana; and trespass of a conveyance. He was then put on felony Driving While License Suspended (Habitual Offender) probation in September of 2006 in Hillsborough County. He was arrested in April of this year again for driving while license suspended (felony offense). This new charge violated the probations in both counties, and certainly meant he was facing prison time in both counties. Surprisingly, the defendant was arrested yet again for possession of cocaine, and possession of marijuana when the officers attempted of serve the arrest warrant for violating probation. We motioned the Court for a bond in both counties and convinced the Court in Hillsborough to release the defendant because the new cocaine charge was based on a constructive possession issue. After being released on his Hillsborough County warrant the Defendant was transported to Pasco County. We then convinced the Court in Pasco that the defendant was a contributing member of society and that his pending charges in Hillsborough would be reduced or dismissed.

DEFENSE: The defendant was not in possession of the cocaine that was found in his apartment, and the stop surrounding his driving while license suspended charge was based on a bad stop.

RESULT: The new cocaine charge dismissed, the Driving While License Suspended was reduced and the defendant was eventually terminated from both Probations (Hillsborough & Pasco).

Probationer Released from Tennessee Jail on Florida Warrant and Probation Continued

CASE # 05-CF-013726; Judge William Fuente; January 8, 2007

FACTS:  The defendant was put on probation in October of 2005 for Obtaining a Controlled Substance by Fraud.  After he moved to Tennessee he was arrested for two similar charges in February of 2006.  He was arrested in Tennessee on a Florida governor's warrant for violating his probation in Hillsborough County.   After certain steps were taken he was able to make bond in Tennessee for the Florida warrant, and returned to Florida for a court date we set.   Based on the circumstances the judge agreed to continue the case until his Tennessee charges were resolved. 

DEFENSE: The defendant's new charges in Tennessee were all reduced to misdemeanors, and the defendant had been compliant on his probation. 

RESULT:  Negotiations with the State led to the defendant being continued on probation without an adjudication for the violation.

Probationer Avoids Jail on Felony Violation

Case #05-CF-24819; Judge Daniel Perry; Date: December 7, 2006

FACTS: The defendant reported to probation and dropped a urine sample for the probation officer.   He was confident he was going to test positive on the screen, and immediately called our office.   The probation officer sent the urine sample to the lab and it did test positive for marijuana.   No one wants to retain a lawyer for any reason, but when your liberty is at stake it is important that you retain a criminal attorney right away.   Don't wait for law enforcement to show up at your door, and then hire the attorney.  Because the defendant retained us right away he was able to avoid jail time.

DEFENSE:  The defendant was very up front with the Court about his use of marijuana, and had completed almost all the conditions of his supervision before we arrived in Court.   It is also very important that you make all efforts to complete as many conditions as possible before you face the court with your violation.  The defendant in this case was also employed, and was very valued by his employer.

RESULT: The defendnat's probation was modified to include a drug evaluation and any treatment the probation office deemed necessary.  The defendant was then continued on his supervision.

Absconder Avoids Prison

Case #03-CF-011765; Judge Daniel Perry; Date: November15, 2006

FACTS: Absconding from supervision is probably the worst way for a probationer to violate.   That does not mean that you are necessarily headed for jail because of it, but it is a violation that certainly must be explained.  Many times the absconder has violated a probation that requires a fair amount of restitution be paid to the victim.  If the defendant comes to court with the ability to make the victim whole again it may prove the difference between going to jail/prison and avoiding prison.  
         The courts have created probation as an alternative to incarceration.  Many judges look upon probation as the defendant's opportunity to prove to the Court that he or she  can still be a productive member of society.  When someone violates there probation by absconding or leaving probation many judges feel you have "thumbed your nose at them", and the responsibility of completing your supervision.  That is why it is important to express to your attorney the difficulties (job, family members, addiction) that caused you to abscond. 
         In this particular case the defendant had been awol from probation for two years.  She was initially put on drug offender probation and dealt with some serious addictions to alcohol. 

DEFENSE:  The defendant had not received any new law violations during her time away from probation, and remained drug free.  She had also started her own business and been productive.  The Court was very direct with her about whether she continued to use any drugs, and the evidence showed she hadn't.

RESULT:  After discussions with the Court the defendant's probation was terminated, and she was released from the county jail.  If the defendant had contacted our office before she was arrested on the violation of probation warrant she may have avoided jail altogether.

CASE # 02-CF-014966; Judge: Daniel Perry; Date: November 8, 2006

FACTS: The defendant committed his 3rd Violation of Probation by testing positive for cocaine.  Months after the violation the defendant was arrested after a police officer ran the tag on his vehicle.  Law enforcement found marijuana after searching his vehicle incident to arrest on the VOP warrant.   The defendant could have avoided being arrested and forced to sit in the county jail to await his court date, but instead of hiring our office immediately, he chose to run.

DEFENSE: We addressed the Court on the Defendant's problems coping with his drug addiction, and suggested that a more intense treatment program could help the defendant overcome his addiction. 

RESULT:  After hearing argument the Court adjudicated the defendant, and gave him another drug evaluation with treatment recommended by probation.   The defendant was given another period of probation to complete and was able to return to work, and his family.

Case # CT-003-377-SFN; Judge: Tom Barber; Date: September 29, 2006

FACTS:  The Defendant committed a violation of his probation by committing a new law offense (driving while license suspended).  He was arrested on the probation office when he came in to pay his fines.

DEFENSE: Before the defendant was arrested he completed many of his conditions.  These efforts gave us the opportunity to argue that a successful completion of the defendant's probation was inevitable.

RESULT:  The defendant was released from jail, and continued on his probation.

Case Number: 05-CM-0784; 04-CM-22756; 04-CM-022757; Judge Lawrence Lefler;  September 20, 2006

FACTS:  The defendant violated three different probations.  The defendant was unable to satisfy his financial obligations to probation and his restitution. 

DEFENSE:  The defendant was ultimately able to pay his restitution payment, and other financial obligations.

RESULT: The State agreed to terminate the defendant's probation and withhold adjudication (conviction).

CASE #CRC0211376-CFANO; Judge J. Thomas McGrady; Date: Dec. 2, 2005

FACTS: The defendant was initially charged with DUI manslaughter in July of 2002.  He was alleged to have violated his probation by changing his residence without receiving consent from his probation officer, and by failing to report to the probation office.  The defendant was looking at 12.46 years in Florida State Prison.

DEFENSE: The defendant had been switched to three different probation officers during his probation.   There was evidence that the defendant did not receive any instructions to report to the office on the day described in the affidavit of violation.  The defendant was also compliant with many of his other conditions.

RESULT: The defendant was continued on supervision.

Contact a Florida Probation Violation Lawyer   - return to top

CASE #03-CF-020613; Judge Daniel Perry; Date: April 10, 2006

FACTS:  The defendant was charged with felony battery in November of 2004.  He was alleged to violated his probation by falsifying his community service hours.

DEFENSE:  The defendant had completed almost all his community service hours between the time the probation officer found out about the added hours and the execution of the warrant for his arrest.  In addition, the defendant completed many of his other conditions of probation.

RESULT:  The defendant was given time served and his probation was terminated without a conviction.

CASE #01-CF-008731; Judge Emmet Battles; Date: April 10, 2006

FACTS:  The Defendant pled guilty to organized fraud in March of 2005.  The defendant was alleged to have committed her second violation of probation by committing a new law offense and failing to pay restitution.

DEFENSE:  The defendant was able to pay a portion of her restitution, and was current on other conditions of supervision.

RESULT:  The defendant was continued on supervision with added conditions to her supervision.

Contact a Florida Probation Violation Lawyer   - return to top

CASE #00-CF-015762; Judge Daniel Perry; Date: April 10, 2006

FACTS: Defendant was convicted of a RICO violation and conspiracy to traffic in Cocaine in July of 2003.   The defendant was alleged to have violated his probation by committing a new law offense.

DEFENSE:  The defendant had almost completed his probation when this new offense of DWLS (Driving While License Suspended) occurred.  The defendant was also gainfully employed.

RESULT:  The defendant was continued on supervision.

Contact a Florida Probation Violation Lawyer   - return to top

CASE #02-CF-011685; 02-CF-014966; Judge Daniel Perry; Date: May 10, 2006

FACTS:  The defendant pled guilty to possession of cocaine in 2002.  The defendant was alleged to have committed his second violation of probation by failing a urine test. 

DEFENSE:  The defendant’s prior violation was minor, and information was provided to the court showing the defendant’s efforts to successfully complete his supervision. 

RESULT:  The Defendant’s probation was continued and modified to include special conditions and he was given time served.

Contact a Florida Probation Violation Lawyer   - return to top

CASE # 05-CM-000346; Judge James Dominguez; Date: December 1, 2005

FACTS:  The defendant was sentenced to 12 months probation for possession of marijuana on June 27, 2005.  She was alleged to have violated her probation by testing positive for cocaine, and failing to pay costs.

DEFENSE:  After discussions with the Court the defendant was given another opportunity to successfully complete her supervision.

RESULT:  The defendant’s probation was revoked and reinstated with the same terms and conditions.

Contact a Florida Probation Violation Lawyer   - return to top

CASE #04-CF-019571; Judge Chet Tharpe; Date: February 23, 2006

FACTS:  The defendant pled guilty to possession of cocaine in June of 2005.  He was alleged to have violated by failing to complete his drug and alcohol program and by failing to complete his community service hours.

DEFENSE:   We notified the Court of the hardships the defendant was trying to overcome while on probation, and the conditions he was successfully completing

RESULT:  The defendant was continued on probation and given another opportunity to complete his drug program.

Contact a Florida Probation Violation Lawyer   - return to top

CASE #86-CF-015038; Judge Daniel Perry; Date: January 10, 2006

FACTS:  The defendant pled guilty to Aggravated Battery and was put on probation in 1987.   Shortly after he was put on probation the defendant left the jurisdiction and never returned. 

DEFENSE:  The defendant contacted our office about this old arrest warrant on his violation of probation.  We notified the Court of the defendant’s activities since he absconded from his probation, and his ability to pay any remaining balance on his supervision.

RESULT:  The Court terminated the defendant’s probation.

Contact a Florida Probation Violation Lawyer   - return to top

CASE # 91-CF-012161; Judge William Fuente; Date: February 3, 2006

FACTS:  The Defendant was initially charged with Armed burglary of a Dwelling and two counts of Robbery.  The Defendant was sentenced to five years probation on each count to run concurrent in 1997.  The Defendant was alleged to failed to hand in his written monthly report on four different occasions.  He was also accused of failing to enter and successfully complete his alcohol and drug treatment, and failing to pay off
$10, 205.26 of restitution.   Shortly after transferring his probation to another state the defendant failed to report.

DEFENSE:  The Court was notified of the circumstances surrounding the defendants out of state charges and the mitigating circumstances of his violations. 

RESULT:  The Defendant was given time served on his probation.

Contact a Florida Probation Violation Lawyer   - return to top

CASE #CRC 02-11376-CFANO

CASE #03-CF-16795; Judge Daniel Perry; Date: February 10, 2006

FACTS:  The defendant was convicted of Burglary of a Dwelling and Dealing in Stolen Property in 2003.  He was alleged to have committed his second violation of probation by failing to report to the probation office.  

DEFENSE:  The defendant had paid a large part of his restitution back to the victim, and the defendant had completed his drug treatment counseling.   These were some of the many conditions the defendant had completed.

RESULT:  Based on the fact that the defendant was successfully completing many other conditions of his probation and was gainfully employed the Court continued him on probation.

Contact a Florida Probation Violation Lawyer   - return to top

CASE #02-CF-015059; 00-CF-8652; Judge Chet Tharpe; Date: February 2, 2006

FACTS:  Defendant pled guilty to Burglary of a Dwelling and criminal mischief in 2002.   The defendant was alleged to have committed her third violation of probation after being sentenced to prison on these charges. 

DEFENSE:  The defendant had served time in prison on her previous violation and other circumstances surrounding her probation made it very difficult for the defendant to comply with probation.

RESULT: The defendant was sentenced to time served and the probation was terminated.

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CASE #04-CF-010817; Judge Daniel Perry; Date: January 23, 2006

FACTS:  Defendant pled guilty to trafficking in ecstacy and possession of cocaine.  On the second violation the defendant was alleged to have tested positive during a drug screen. 

DEFENSE:  The defendant was gainfully employed and had completed a number of other conditions of his probation (community service hours).    We requested the court to modify his terms and continue the defendant on his supervision.

RESULT:  The Court continued the defendant on supervision and modified his probation.

Contact a Florida Probation Violation Lawyer

Violating the terms of your probation is a serious crime that could land you in jail. Probation and community control violations such as failing to submit to probation drug testing can seriously affect your likelihood of obtaining future community control release.

If you have been criminally charged, your future depends on the quality of your defense. By contacting The Criminal Defense Group, you will get a lawyer whose highest priority is zealously defending your rights. Call us today for a free initial consultation. For your convenience, evening and weekend appointments are available by request.