Jail or Treatment

Jail or Treatment

If an individual is charged with a second or subsequent DUI, they should know that the minimum jail sentence required can be satisfied by jail or treatment in a residential facility.  For example, if you are charged with a third DUI within ten years there is a mandatory thirty day jail requirement as part of your sentence.  However, if the court approves, all or part of this sentence may be served in a residential Read More

Arrested

Arrested for a Probation Officer’s Mistake

You may not believe this, but people do get arrested for a probation officer’s mistake – sometimes with no bond.

An Example:

The other day I was in court in Pasco County, Florida; and a young guy was asking for termination of his probation because he was done with all the conditions and had paid all his fines and costs.  He had receipts and banks statements showing deposits in JPay right on his phone.  (JPay … Read More

Restitution

Restitution: Why do I owe so much money?

Restitution

If you were convicted of a crime which involved injury to another person or damage to their property, the court will most likely order that restitution be paid as part of your sentence.  This restitution order can be imposed whether the damage was directly or indirectly caused by you.  The law states that the injury or damage, however, must occur “as a result of the offense” and this can become a point of contention … Read More

Violation of Probation

Alternative Sanctions Program Violations of Probation

Quite simply, the alternative sanctions program allows people to avoid court if they violate felony probation for a minor rule.

In the past, a violation of felony probation meant a sure trip to jail.  Not anymore.  In both Pinellas and Pasco Counties, you may be eligible for the Alternative Sanctions Program for Violations of Felony Probation. It only works for a minor, or “technical” violation. (Make sure you scroll down to the last page of … Read More

Willful violation of Probation

Willful Violation of Probation – What if I Didn’t know I was Violating?

What is a Willful Violation of Probation?

 

A Violation of Probation must be both “willful” and “substantial”.  That means that you had to:

  1. Know and understand all of the rules of probation.
  2. Purposely break those rules.
  3. Know that the rules were being broken.

Sounds easy right? Not always.

Probation is considered a “matter of grace, than of right.” (Lawson v. State, Florida Supreme Court, 1997).  Judges can always sentence someone to prison … Read More

Traffic Stops: How long can you be detained?

Like all things legal – It depends.  So let me give you an example from a recent appellate court decision out of Polk County – which is part of the Second DCA and binding on courts in Pasco and Pinellas Counties.

stop-146896_1280

Joey Villanueva was stopped for running a stop sign. An officer approached the car, asked for a driver’s license which Villanueva gave him.  The officer came back to the car and asked if Villenueva … Read More

Juvenile Probation Sanctions

If a child is placed on probation the following are some of the requirements he or she might have:

juvenileNOTE THAT THE TIME TO ARGUE OR DISAGREE ABOUT THE CONDITIONS OF PROBATION IS NOT AT THE TIME THE CHILD PLEAS TO THE CRIME.  THE DEPARTMENT OF JUVENILE JUSTICE MAKES A RECOMMENDATION LONG BEFORE THE COURT DATE.  IN MANY INSTANCES, AN EXPERIENCED JUVENILE CRIMINAL DEFENSE ATTORNEY CAN NEGOTIATE THE CONDITIONS OF PROBATION. 

  1. Curfew: Curfews are usually
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Probation Violations – Dirty Urine

When people hear about probation it sounds like a great alternative to jail or prison. But probation conditions are tough! Just the costs alone are enough to bankrupt most people.

Some of the conditions of probation are:

  • Fines and court costs, usually broken up into monthly payments (felony and misdemeanor costs are different but it starts at around $100 per month)
  • A monthly fee for the cost of supervising you on probation ($60)
  • Meeting with
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