Tampa criminal court case results
- lack of assistance leads to Tampa man's VOP
- 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.
- results: 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.
- related articles:
-
Cases by Practice Area
