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Category Archives: Probation / Parole

Palm Beach Probation Violation Lawyer: District Court Rules for Probationer

The District Court overturned a Palm Beach circuit court judge’s ruling for finding that a local man violated his probation when not actually possessing drugs. Andrew D. Stine probation violation lawyer in West Palm Beach says: The 4th DCA handed down a decision in West Palm Beach, FL on December 2, 2015 reversing Palm Beach Circuit Court Judge, Glenn D. Kelly, for finding that a Palm Beach County man violated his probation for possessing cocaine, when in fact it was not found on his person but in a shoebox located in a closet of the bedroom, he and another person jointly shared. While on Felony Probation, one of the conditions of Probation is that the probationer not possess or use illegal drugs. In this case, the probationer was on probation… […]

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Avoid Prison for Probation Violations Says Palm Beach Criminal Defense Lawyer:

A recent court case has provided a framework for handling felony probation violations and keeping West Palm Beach probation violators out of jail. Recently, the 4th District Court of Appeals rendered an opinion that has profound and long lasting effects on how Violations of Probations ought to be dealt with, by criminal defense attorneys who handle Violations of Probation. Many times, probationers find themselves in violation of felony probation including terms of community control or house arrest for not completing a probationary requirement or for violating probation by committing a new crime. When probationers violate their probation, they are at the mercy of the “sentencing guidelines” as to what their possible sentence may be. But that is only if they plead guilty to violating the terms of their probation or… […]

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Probation in Florida and Its Consequences

Many individuals arrested in Florida eventually face the criminal courts. The criminal courts have four main players: (i) criminal defendant; (ii) criminal defense attorney; (iii) prosecutor and (iv) judge. The criminal defense attorney and the prosecutor will inevitably speak to each other about a “resolution” of the criminal defendant’s case. This process is called the plea negotiation. During the plea negotiation the criminal defense attorney will discuss with the prosecutor the strengths of the criminal defendant’s case; the good character evidence of the criminal defendant; the applicable motions like suppression, dismissal or in limine motions that may be persuasive to tip the scales in favor of the defendant. The prosecutor on the other hand will tell the criminal defense attorney the wishes of the victim; the amount of restitution owed;… […]

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Violating Probation in Palm Beach County

Violating Probation in Palm Beach County, FL can result in the probationer being incarcerated. If a probationer violates Felony Probation, the term of incarceration is determined by the sentencing guideline score sheet. If the probationer violates misdemeanor probation or DUI probation, then the maximum sentence is fixed by one year in jail for1st Degree Misdemeanors and 60 days in jail for 2nd Degree Misdemeanors. While on probation, the probationer must follow the rules of probation which the judge orally places on the record and which the probationer is responsible for knowing either through their probation officer or through self-knowledge of the law. The General conditions of felony probation as enumerated in Florida General Statute 948.03 are as follows: (i)             probationer is given a specific length of probation time (ii)            probationer is given… […]

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Probation in Florida

Probation in Florida

Chapter 948.01 allows a state court of competent jurisdiction to place a criminal defendant on probation when sentencing the offender, with or without adjudicating the individual guilty of the crime. Once the criminal defendant is placed on probation, the Florida Department of Corrections then has oversight jurisdiction over the “probationer.” The probationer is required to follow the order of the sentencing court, as to what the probationer must and must not do. Most if not all sentences of probation required that the probationer refrain from the use of illegal drugs and if the probationer was convicted of a substance abuse crime then random drug testing at the probationer’s expense for illegal use of drugs is mandatory. Another common requirement of probation is that the probationer not violate any new law… […]

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Violation of Probation

Many criminal defendants choose to enter into a probation plea to wrap up their criminal matters. Pleading guilty and being placed on probation is risky. Because a probation plea is a contract between the probationer and the prosecutor. Probation is just that: a contract between the accused and the state. The problem with this type of contract is that only one party is ever responsible for breaching the contract and that is the probationer. The contract spells out exactly what the probationer needs to complete or refrain from doing in order to have the state uphold its end of the bargain, which is no more than providing the accused with freedom. But with this new found freedom comes many responsibilities. While on probation there are many conditions that the probationer… […]

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‘Cookie Monster’ Arrested and Released for Violating Probation

‘Cookie Monster’ Arrested and Released for Violating Probation

Probation is a sentence ordered by a judge that allows a convicted criminal to live in society under the strict supervision or regulation by a probation officer. Probation does allow someone to resume somewhat of a normal life but the restrictions are often up to the judge or the probation officer. In this case, the ‘Cookie Monster,’ Stefanie Woods, was arrested for violating her probation because she failed to turn in a gas receipt, show up for a meeting with a probation officer and failed to be at her designated locations at the time allotted. The prosecuting attorney argued fervently that this convicted felon, with a long history of crime, should not be allowed back into society. Cookie Monster Crime Stefanie Woods’ history is peppered with serious crimes and arrests.… […]

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Florida Probation Rules, Violation of Probation and Probation Violation Defense Lawyer

Florida Probation Rules, Violation of Probation and Probation Violation Defense Lawyer

Palm Beach County Circuit Judge Stephen Rapp denied Wilson’s request to stop the regular check-ins during the remainder of her five-year probation term. The sentence began in December 2009 after Wilson, now 49, pleaded guilty to two counts of manslaughter by culpable negligence. Wilson’s attorney submitted the request Jan. 31, describing her as a “model probationer” who now needs to travel frequently for her job. The State Attorney’s Office agreed with the proposed change, and Brondolo’s parents, Jill and Chris, also didn’t object, said prosecutor Andrew Slater. Along with the probation, Wilson’s sentence also required a psychological evaluation, a meeting with the Brondolos, and service as a spokesperson to raise awareness of carbon monoxide poisoning, including talks with civic groups and schools using her experience as an example. Wilson fulfilled… […]

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Arrested for Violating Probation

Arrested for Violating Probation

Probation is a sentence ordered by a judge that allows a convicted person to live in society under the supervision of a probation officer, instead of serving time in jail. Probation is different from parole. Parole is the conditional release of a prison inmate after serving part or all of his or her sentence. Violating probation is a serious charge with many repercussions. Your probation may be revoked.This is an action taken against a probationer who fails to comply with the terms of the probationary grant. A Palm Beach County prosecutor can use a probation violation against someone who has been charged with a new crime. When a formal probation revocation is filed in conjunction with a new case, a prosecutor has a tremendous advantage to force a plea bargain… […]

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How a Criminal Defense Lawyer can Have Your Probation Ended Early

How a Criminal Defense Lawyer can Have Your Probation Ended Early

If you have been arrested on criminal charges, you may be overwhelmed with the legal process that is about to follow. It is extremely difficult and can even work against you to represent yourself in a court of law. Not only can a criminal defense lawyer represent you and ensure you a fair trial, but he or she can even negotiate later on if you are convicted, to have your sentence or probation shortened. Probation Negotiation Case In the case of Debra Lafave, the infamous teacher who had sex with a 14-year-old student in her classroom, home, and car in 2005, her criminal defense lawyer had her probation sentence shortened even though one of the terms of her conviction was no early termination of probation. Her criminal defense lawyer, John… […]

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