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No Violation Of Probation If The Improper Conduct Is Not In The VOP Affidavit
The defendant was placed on probation for drug possession. The defendant was charged with violating probation for purchasing/possessing pseudoephedrine. The defendant filed a motion to dismiss the violation of probation because the rules of the defendant’s probation said the defendant could not take any over counter medication containing pseudoephedrine and the violation of probation affidavit alleged that the defendant “purchased/possessed” pseudoephedrine. The probation rules prohibited the defendant from taking any over the counter medication containing pseudoephedrine but the defendant was charged with violating his probation by purchasing/possessing pseudoephedrine. Therefore, according to the probation rules the defendant could purchase over the counter medication containing pseudoephedrine and could possess over the counter medication containing pseudoephedrine the defendant just could not “take” any over the counter medication with pseudoephedrine. The motion to dismiss was denied by the trial court. After a violation of probation hearing the trial court found the defendant in violation of probation and sentenced the defendant. The defendant appealed.
The appeals court stated that an affidavit for violation of probation must allege the basic facts concerning the alleged violation such as its nature, time and place of occurrence. According to the appeals court because the violation of probation affidavit alleged that the defendant “purchased/possessed pseudoephedrine and only “taking” any over the counter medication containing pseudoephedrine was prohibited by the defendant’s probation rules the defendant was improperly found to be in violation of probation by the trial court. The appeals court stated that the trial court improperly based the violation of probation on a charge that was not alleged in the violation of probation affidavit.
See Little v. State, 143 So.3d 465 (Fla. 5th DCA 2014)
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No Violation Of Probation If New Crime Alleged Is Not Proven
The defendant was placed on probation. The State alleged that the defendant violation his probation by committing a new law violation, loitering and prowling. After a violation of probation hearing the trial court found the defendant in violation for committing the new law violation of loitering and prowling and sentenced the defendant. The defendant appealed the trial court’s finding of a violation of probation.
At the violation of probation hearing the State only introduced evidence from the electronic monitoring device that the defendant was wearing that the defendant had been in or near a neighbors yard. According to section 856.021, Florida Statute (2014) it is loitering and prowling and therefore it is unlawful for “any person to loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity”. Since the State failed to prove the crime of loitering and prowling at the violation of probation hearing it was unlawful for the trial court to find the defendant violated probation.
See Acevedo v. State, 200 So.3d 196 (Fla. 5th DCA 2016)
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Violation Of Probation Sentencing For Additional Offenses
When a defendant is to be sentenced upon a revocation of probation and prior to that revocation of probation the trial court’s jurisdiction over one or more of the originally sentenced offenses has expired, may the offenses over which the trial court no longer has jurisdiction be scored as additional offenses? According to the Florida Supreme Court “Offenses over which the trial court no longer has jurisdiction cannot be scored as additional offenses during a sentencing proceeding following a violation of probation because they do not fit the definition of “additional offenses” set out in section 921.0021, Florida Statutes (1999).
See Sanders V. State, 35 So.3d 864 (Fla. 2010)
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No Violation Of Probation For Failure To Pay Without Ability And Refusal
The defendant was placed on probation and as a condition of probation ordered to pay restitution. The defendant was ordered to make monthly restitution payments. A violation of probation affidavit was filed alleging that the defendant failed to make the required monthly restitution payments and was behind in paying cost of supervision as well. At the violation of probation hearing one probation officer testified the defendant was informed of the terms of his probation, including both the restitution payment obligation and the obligation to pay a monthly cost of supervision. A second probation office testified that the defendant was behind on both restitution and cost of supervision. The defense presented no witnesses. The trial court found the defendant in violation of probation and sentenced the defendant. The defendant appealed the trial court’s violation of probation finding.
The Florida Supreme Court found that before a probationer can be imprisoned for failure to pay a monetary obligation such as restitution, the trial court must inquire into a probationer’s ability to pay and make an explicit finding of willfulness based on the greater weight of the evidence. Further, in all probation revocation proceedings in which the violation alleged is a failure to pay a monetary obligation as a condition of probation, the State must present sufficient evidence of the probationer’s willfulness, which includes evidence on the ability to pay, to support the trial court’s finding of willfulness. After evidence of willfulness is introduced by the State, the burden may then be properly shifted to the probationer to assert an inability to pay. However, we hold that it is unconstitutional to require the probationer to prove inability to pay by clear and convincing evidence, a burden higher than the burden required of the State to prove the violation of probation.
See Del Valle v. State, 80 So.3d 999 (Fla. 2012)
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Convictions For Seminole County Domestic Violence Charges
If at the end of the trial the jury finds you guilty of a domestic violence charge or charges in Seminole County, Florida then the judge will decide what an appropriate sentence is. This decision is based on many factors including the evidence at the trial and any prior criminal history for the defendant. The judge will listen to arguments from the prosecutor regarding what is an appropriate sentence in the case. If the victim wants to be heard prior to sentencing the judge will listen to testimony from the victim regarding what the victim thinks the appropriate sentence in the case should be. The judge will also listen to arguments from the defendant’s lawyer and testimony from the defendant and any other witnesses and evidence the defendant wants to present that is relevant to determining an appropriate sentence in the case. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Trials For Seminole County Domestic Violence Charges
Most domestic violence cases in Seminole County, Florida do not end up being a trial, however, when a case is going to be a trial it is important to be properly prepared if you want to win. Most people have seen some version of a trial on television or in a movie. In a trial for domestic violence charges the State of Florida has the burden to prove with evidence a person is guilty beyond and to the exclusion of every reasonable doubt. The law does not require actual physical evidence like videos or pictures, verbal testimony by the victim is enough for a conviction for domestic violence charges. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Jury Selection For Seminole County Domestic Violence Charges
A domestic violence trial in Seminole County, Florida begins with jury selection. A group of potential jurors is brought into the courtroom and each side has an opportunity to ask potential jurors questions to determine if they are someone that one side wants to be on the jury to decide the case. This is called voire dire. Each side has what is called strikes which allow them to exclude a juror from being on the jury to decide the case. There are two types of strikes, for cause strikes and peremptory strikes. For cause strikes can be used for many reasons but are normally used because the person is unable be fair and impartial as a juror in the case. For cause strikes are unlimited for both sides. Peremptory strikes are strikes that are limited in number for both sides, but the same number for each side, and can be exercised by each side for any reason as long as the reason is race neutral. An example of a for cause strike in a domestic violence case would be because the potential juror is a friend of one of the law enforcement officers who is going to testify in the case. An example of a peremptory strike in a domestic violence case would be because a juror has a family member who was a victim of domestic violence and has donated money to a domestic violence shelter. This potential juror may be able to be struck for cause for not being able to be fair and impartial in the case but if not this is the type of juror a defendant would want to use a peremptory strike on to exclude them from being a juror in the trial. Jury selection is a very important part of a trial in a domestic violence case. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Pretrial Conference For Seminole County Domestic Violence Charges
In a domestic violence case in Seminole County, Florida the next court appearance after the arraignment hearing is a pretrial conference hearing. The pretrial conference hearing is the opportunity for the judge to find out what the status of the domestic violence case is. The judge wants to know if a plea agreement has been reached or if the case needs to be set for trial. If a plea agreement has been reached then sometimes the judge will do the plea and sentencing immediately and sometimes the judge will require the plea and sentence be set for a future date. If the case is going to be set for trial the judge going to want to know information about the trial. The judge is going to want to know information like how many prospective jurors will be needed for jury selection, how many days the trial is expected to last, how many witnesses each side intends on calling to testify, if there are any pretrial motions that need to be resolved before the jury selection and any other matters that either side needs to address before the trial. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Arraignment For Seminole County Domestic Violence Charges
In a domestic violence case in Seminole County, Florida the next court appearance is the arraignment hearing. The arraignment hearing is the arrested person’s opportunity to answer to the domestic violence charges. The options are not guilty, guilty and nolo contendere (no contest). If you plead not guilty to domestic violence charges the judge will set your case for a future court date to discuss your case and the judge will normally ask you if you are going to hire a lawyer to represent you in the case. If you plead guilty or nolo contendere (no contest) to domestic violence charges the judge will ask the prosecutor what the State of Florida is recommending as a sentence in the case and the judge will ask you if you have anything to say prior to sentencing. If the judge gives the person a jail or prison sentence the person will be placed in custody right then. The person will leave the courtroom in handcuffs. Most people who go to the arraignment hearing do not plan on going to jail or prison right then but if you plead guilty or nolo contendere (no contest) at the arraignment hearing and the judge accepts the plea and then imposes the sentence in your case you can go to jail or prison and you cannot say no I changed my mind I do not want to go to jail or prison it is to late. This is one of many reasons why people hire lawyers. If you are being represented by a lawyer normally before you enter a plea of guilty or nolo contendere (no contest) a sentence agreement will have been reached with the prosecutor as a result of plea negotiations. The judge must agree to this negotiated sentence. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Modification Of Bond Conditions For Seminole County Domestic Violence Charges
There is a proper procedure for having a hearing to request the court to modify your bond conditions in Seminole County, Florida. If you would like to have a hearing to request that your bond conditions be modified then a proper motion must be filed detailing your specific request with the clerk of court, then a copy of that motion must be served on the prosecutor, then you must get proposed hearing time from the judicial assistant, then you have to coordinate that hearing time with the prosecutor, then you have to confirm the agreed upon hearing time with the judicial assistant, then you have to file a notice of hearing with the clerk of court, then you have to serve the notice of hearing on the prosecutor and depending on the judicial assistant also provided a courtesy copy of the motion and notice of hearing to the judicial assistant. This is an involved process which is why many people hire lawyers experienced in handling motions to modify bond conditions in Seminole County domestic violence cases. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Chris S. Boatright, P.A.
