Probation Violations

October 23, 2014

Client Violated Probation for Failing to Pay Supervision Fees

Probation Terminated and NO ADDITIONAL PENALTY!

The defendant requested officer assistance to remove things out of his home during a pending divorce. The officers discovered the defendant had a pending violation of probation warrant from a previous reckless driving conviction. The defendant’s payments for supervision had fallen into arrears. The officers arrested the defendant on charges of violating the terms of his probation.

RESULT: The defense instructed the client to complete all of the other conditions of his probation prior to the hearing. The attorney convinced the State and the probation officer to terminate the remaining term of probation and vacate the new charge without penalty.

Internal Ref# CS09KF09-08


Defendant Refused to Comply with Probation Conditions

Violation DROPPED & Probation REINSTATED!

A Defendant served a probation sentence stemming from a previous DUI conviction. The Defendant had been ordered to meet certain conditions of probation, such as community service, payment of court costs and fines, participation in a DUI program and victim impact panel. The Defendant failed to complete any of the requirements as ordered by the Court. The State filed a Violation of Probation charge against the offender.

RESULT: The attorney successfully renegotiated the terms of the previous DUI conviction against the Client. The Court DROPPED the Violation charge. The diligence of the defense won our Client six additional months before probation was to be REINSTATED!

Internal Ref# CS09KF07-14


Client failed to Complete DUI Sentence; Violation of Probation Warrant Issued

Probation Sentence TERMINATED & Warrant RECALLED

The Defendant had been previously convicted of a DUI. During the previous DUI case, the Defendant entered a Plea in Absentia, inasmuch as he left the country for work. The Court sentenced the Defendant to probation, DUI School and substance abuse counseling. The Client could not locate an English speaking counseling facility in his new home town and failed to complete this condition. The probation officer issued a Violation of Probation Warrant for not fulfilling the court ordered requirements.

RESULT: The Defense provided the State with documentation proving the Client’s efforts to find a treatment facility. The Defense filed a Motion to Terminate Probation and prevailed. The Attorney persuaded the Judge to delete the counseling provision and RECALL the arrest warrant.

Internal Ref# CS09KF07-27


Defendant Violated DUI Probation with Theft Arrest

Violation DROPPED and Probation REINSTATED

Loss Prevention Officers witnessed the Defendant enter the store with empty shopping bags and a cart. The Defendant allegedly placed numerous products into the cart totaling $278.00. He then passed all points of sale and attempted to leave without paying. The Defendant originally told Loss Prevention that his wife held the receipt for the items, but later confessed to the crime. Police arrested the Defendant and charged him with Petit Theft. At the time of the arrest, the Defendant was currently serving probation stemming from a DUI arrest. The Defendant now faced charges of Violating Probation.

RESULT: The Defense prepared for the Violation of Probation hearing. The Defense convinced the presiding Judge that the Defendant had no malice on the day of the Petit Theft arrest. The State DROPPEDthe violation and REINSTATED the Client’s probation.

Internal Ref# CS08KF01-23


Juvenile Violated Probation with School Discipline Problems and New Arrest

Charges DISMISSED!

A juvenile served a probation sentence for an Aggravated Battery conviction. Ajuvenile probationer must abide by certain rules in accordance with their sentence; including, obeying all school rules with no unexcused absences or late arrivals and abiding by all laws with no further criminal involvement. The juvenile disregarded the probation terms with two disciplinary school referrals and a Criminal Mischief with Property Damage arrest. The Probation Officer had the juvenile arrested and charged with Violation of Probation.

RESULT: The Defense Attorney evaluated all the evidence, including the proof and cost of damage in the criminal mischief case. The Defense argued that all of the evidence was circumstantial and therefore, insufficient to secure a conviction against the Client. The Attorney successfully proved to the Court that the Client had no intent to violate his probation sentence and the Judge DISMISSED the charges.

Internal Ref# CS08KF09-26


Probationer Faced Jail Time after Skipping Curfew; Arrested onViolation of Probation

No Conviction and No Jail Time!

probation officer made an impromptu visit to the home of a probationer. The Defendant was not home and failed to abide by the 10:00 p.m. curfew, as set forth in his probation sentence. The Defendant lost track of time while getting a new tattoo and arrived home over 30 minutes late. The Defendant also owed over $700 in overdue fines and Court costs in accordance with his sentence. The Officer arrested the Defendant and placed him in custody. The Defendant faced jail time for the Violation of Probation charge.

RESULT: The Defense moved forward with preparing for a Violation of Probation hearing on the Client’s behalf. The Attorney obtained letters of recommendation in anticipation of the Court date. The Attorney successfully argued the case and the Client avoided jail time. The Court ruled in the Defense’s favor with a no formal finding of guilt order.

Internal Ref# CS08MM03-24


Defendant Violated Probation with 2 Arrests, 1 Felony

Violation DISMISSED & Remaining Probation TERMINATED

The Defendant served 3 years probation for Unlicensed Contracting during a State of Emergency conviction. The Defendant must obey certain conditions while serving a probation sentence; one condition is to obey all laws without violation. The Defendant violated probation with a Battery arrest and an arrest for felony Grand Theft. The Probation Officer had a warrant issued for the Defendant’s arrest onViolation of Probation charges.

RESULT: The Defense filed a Motion to Set Bond with plans for the Client to surrender at the hearing. The Attorney argued that the Client completed all terms of his probation and no longer required supervision. The Court GRANTED the motion,DISMISSED the probation violation and TERMINATED the Client’s remaining probation sentence.

Internal Ref# CS08MM03-31


Defendant Violated Harrassment Probation with Driving on a Suspended License

Violation DROPPED & Probation REINSTATED

A Defendant served six months probation for leaving threatening voicemails to his ex-wife. While on probation, the Defendant found himself in trouble with the law again with a Driving While License Suspended or Revoked arrest. The Defendant’s arrest violated the terms of his probation sentence.

RESULT: The Attorney fought the Violation of Probation charges against the Client. The Attorney successfully convinced the Court to DROP the Violation andREINSTATE the Client’s probation.

Internal Ref# CS08MM03-03


Defendant Violated Probation with a Drink at his 50th Anniversary; Warrant Issued

Warrant and Violation Dismissed!

A Defendant served 6 months probation for a DUI conviction. While serving hisprobation sentence , the Defendant had a glass of champagne at his 50th wedding anniversary celebration. The Defendant later confessed to his Probation Officer that he consumed alcohol during his anniversary party. Any consumption of alcohol violated the terms of the Defendant’s DUI Probation and the Probation Officer issued an arrest warrant. The State charged the Defendant with a Violation of Probation.

RESULT: The Defense brought the Client’s case before a hearing. The Defense persuaded the Judge that having one drink at the Client’s 50th Anniversary did not constitute a violation of probation. The Court DISMISSED the arrest warrant and the probation violation.

Internal Ref# CS09MM06-22


Defendant $15,000 in Arrears for Restitution Payments; Warrant Issued

Violation of Probation Warrant DISMISSED and Probation MODIFIED!

The Defendant served a probation sentence after being convicted of Felony Grand Theft, for more than $20,000, but less than $100,000. The Defendant stopped makingrestitution payments and was currently $15,223 in arrears. The Defendant’sProbation Officer requested a warrant for the Defendant’s arrest after she violated probation by failing to make the restitution payments in accordance with the terms of her probation.

RESULT: The Defense Attorney proved to the Court that the Client did stop making restitution payments by choice, but rather she was without the funds to do so. The Defense arranged a payment schedule with the Court that met the Client’s needs. The Court DISMISSED the Violation of Probation Warrant and MODIFIED the payment schedule and restitution sentence.

Internal Ref# CS09MM06-22


Felon Serving Battery Probation Sentence Rearrested on Child Neglect Charges

PROBATION GRANTED & CHILD NEGLECT CHARGE DISMISSED

A felon serving probation for a Battery conviction was rearrested on Child Neglectcharges. The Defendant violated the terms of probation by not abiding by the laws with this recent arrest. The Judge initially denied bond and the Defendant awaited trial in jail. The Defendant retained Musca Law to challenge the charges against her.

RESULT: The Defense filed a Motion to Set Bond and scheduled a hearing on the matter. The Defense also filed a Motion to Reinstate Probation so the Client can obtain the professional help she desperately needed. The Defense proved the Client’s willingness to stay out of trouble with the law and requested mental health placement assistance from the Court. The Judge GRANTED both of the Defense’s Motions and released the Client back onto Probation. The State Attorney also DISMISSED the Child Neglect charge against the Client.

Internal Ref# CS07MM12-21


Defendant Ignored Probation Sentence; Bench Warrant Issued

Charges DROPPED, Bench Warrant DISMISSED & Probation TERMINATED

A Defendant serving DUI probation disregard the terms of his sentence. The Defendant moved and changed employment without notifying his probation officer. His whereabouts became unknown and landed him back in trouble with the Court system. The State issued a Bench Warrant for the Defendant’s arrest on charges ofViolation of DUI Probation.

RESULT: The Defense filed a Motion to Quash the Violation of Probationcharges. The Defense argued that a Violation of Probation conviction unnecessarily punished the Client by rendering him ineligible for State programs. The Court agreed with the Defense and DROPPED the charges against the Client. The StateDISMISSED the Bench Warrant and TERMINATED the remaining amount of the Client’s DUI probation sentence.

Internal Ref# CS08MM10-13


Defendant Disregards DUI Accident Probation & Rearrested

Violation Charge REVOKED and Probation TERMINATED!

The Defendant served a 12-month probation sentence for a DUI with Property Damage conviction. The Defendant violated the terms of his probation during that 12-month period. For 2 consecutive months, the Defendant failed to report to hisprobation officer and was behind on his monthly probation fee payments. The Defendant’s Probation Officer requested bond revocation and a warrant for the Defendant’s arrest on a charge of Violation of DUI Probation.

RESULT: The Defense filed a Motion to Set Bond in an effort to release the Client from jail. The Defense Attorney successfully proved to the Court that the Defendant was not a flight risk and the Client bonded out. At the hearing, the Defense argued to the Court the Client’s efforts to complete the terms of his Probation sentence. The Defense Attorney entered into heated negotiations with the Prosecution, Probation Officer and the Judge. The Judge REVOKED the violation charge and TERMINATEDthe Client’s remaining DUI Probation.

Internal Ref# CS08MM02-19


U.S. Navy Recruit Charged with DUI Violation of Probation, Facing 60 Days in Jail

CHARGE DISMISSED!

A Navy recruit, serving a 12 month period of probation for a DUI incurred atechnical violation to the terms of his probation. A warrant was issued for his arrest and the State Attorney recommended 60 days in jail.

RESULT: Our Probation Violation Defense Attorney submitted evidence and was able to persuade the Court that the Defendant completed requirements of his probation. The Court DISMISSED the violation and closed his case.

Internal Ref# CS088MM02-06


Man on DUI Probation Steals Camper for His Vacation; Charged with Grand Theft and Violation of DUI Probation

CHARGES DROPPED!

A Defendant is serving a 12 month probation sentence for a DUI conviction. During this 12 month probationary period, the Defendant unlawfully “borrows” a camper from an acquaintance. The acquaintance files a stolen vehicle report with Police. The Police find the Defendant and the camper vacationing in the state of North Carolina. The Defendant is arrested and charged with Grand Theft and Violation of DUI Probation and extradited to Florida.

RESULT: The Defense Attorney successfully proved to the Prosecution that the Client had no intention of permanently depriving the victim of his camper and therefore did not commit Grand Theft and violate the terms of his DUI Probation. The Court agreed with the Defense and the State agreed to DROP THE CHARGES!

Internal Ref# CS099MM01-29


Defendant Violates Battery Probation with DUI Arrest

NO CONVICTION & VIOLATION ELIMINATED

The Defendant is convicted of a Domestic Violence Battery and serving 12 months on probation. While serving his probation sentence, he was rearrested and charged with DUI and Resisting Arrest. These recent charges broke the rules of the Defendant’s probation and he is now charged with a Violation of Probation.

RESULT: The Defense Attorney enters into intensive negotiations with the State over the details of the client’s probation. The Defendant’s Violation is REVOKED and ELIMINATED!

Internal Ref# CS088MM06-09


Sex Offender Disregards Probation; Facing 10 Years in Prison

CHARGE DISMISSED & REMAINING PROBATION ELIMINATED!

registered sex offender failed to abide by the terms of his probation and is rearrested by police. The Defendant failed to complete the ordered sex offender treatment program and disregarded months of additional rehabilitation as recommended by his sex offender counselor. If convicted, the Defendant faced amaximum sentence of 10 years in prison.

RESULT: The Attorney engaged in considerable negotiations with the State Attorney. The State was persuaded by the attorney that the prosecution’s case was deficient of evidence. The State DISMISSEDthe charges against the Defendant and the Judge ruled that the remainder of the Client’s sex offender probation would beELIMINATED.

Internal Ref# CS099MM05-06


Father of Four Facing 25 Years for Probation Violation Found NOT GUILTY by Judge

Police stopped the Defendant’s vehicle for a defaced tag and illegally tinted windows. During the stop, the officer discovered that the Defendant’s driver’s license was suspended as a result of delinquent child support payments. The Defendant was placed under arrest for Driving While License Suspended (DWLSR). At the time of arrest our Client was on probation for Burglary of a Dwelling, Grand Theft and Habitual Driving on a Suspended License. A warrant was issued for his arrest on two felony charges of Violation of Probation (VOP). If convicted on the Violation of Probation (VOP) charges, the Client was facing a maximum sentence of 25 years in prison.

RESULT: The Violation of Probation Defense Attorney was able to formulate a strong defense on behalf of our Client. The Defense Attorney argued that our Client was unaware that his driver’s license was suspended and therefore, the State had not met its burden of proof, in that the Client’s action was not a willful and intentional violation of his probation. As a result of his persuasive argument, the Judge found our client NOT GUILTY.

Internal Ref# CS099MM05-06


Habitual Offender Arrested on Violation of Probation

Violation of Probation Warrant DISMISSED!

Our Client has a long history of criminal activity and was currently serving one year of probation. Monroe County issued a Violation of Probation Warrant which resulted in authorities taking our Client into custody.

RESULT: Violation of Probation Defense Attorney argued that our Client had spent 14 days in jail and Monroe County authorities failed to transport her from Lee County. The Court agreed and released our Client from jail. The Attorney then filed a Motion to Dismiss the Violation of Probation Warrant. After aggressive negotiations with the State Prosecutor, the Court dismissed the VOP Warrant.

Internal Ref# CS099MM04-30


Client on Probation Arrested in Traffic Incident

VIOLATION OF PROBATION CHARGE DISMISSED!

A traffic stop lead to our Client being arrested. He was currently on probation and the arrest resulted in a Violation of Probation Charge.

RESULT: The Attorney initiated negotiations with the State Attorney to drop the charge for the traffic violation and the Violation of Probation charge wasDISMISSED!

Internal Ref# CS099MM03-17


Pro Se Defendent Learns the Hard Way the Importance of an AttorneyCourt Imposed Illegal Sentence – SET ASIDE!

Felony Violation of Probation Warrant – DISMISSED!

Defendant was arrested for Driving While License Suspended (DWLSR) and sentenced to probation. Without the assistance of counsel, Defendant entered a plea of No Contest on the charge of DWLSR, a second degree misdemeanor. The Defendant’s plea was accepted and he was sentenced to a period of twelve months probation. Police located an active warrant for the Defendant on a Violation of Probation Charge and arrested him at his residence. He was transported to jail and held without bond.

RESULT: After reviewing our Client’s plea, we recognized his twelve month probation exceeded the six month maximum period of probation allowed under Florida Law for a second degree misdemeanor. The Attorney filed a Motion for Post Conviction Relief on behalf of our Client. As a result of our efforts, the Court dismissed the Violation of Probation warrant. The original sentence, which our attorneys discovered was illegal,was set aside; our Client was resentenced to Adjudication Withheld and time served on the DWLSR 1st offense.

Internal Ref# CS099MM02-16


Family Emergency Gave Way to a Father Violating Terms of ProbationVOP

CHARGE DISMISSED!

A DUI conviction left a Sarasota resident with a suspended license and one year probation. He was approved for a hardship license and made several attempts to obtain one, unfortunately the DMV computers were shut down statewide. The following day the man had a family emergency and he made the choice to drive a short distance from his home. He was stopped by the police and cited for Driving While License Suspended or Revoked (DWLSR). As a result, he was charged with a Violation of Probation and a warrant was issued for his arrest.

RESULT:Two days after the DWLSR charge, our Client received a hardship license. Our Violation of Probation Defense Attorney obtained a letter from the DMV apologizing for the computer problems. Through intense negotiations with the State Attorney, the DWLSR charge was dismissed. We communicated extensively with our Client’s Probation Officer and successfully convinced the Court to withdraw theViolation of Probation Charge and warrant for arrest.

Internal Ref# CS088MM04-31

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