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On March 29, 2009, our client was arrested for the second degree misdemeanor offense of Soliciting Another to Commit Prostitution. The client was also on felony probation for Grant Theft Three Degree ($300-$5,000) and Burglary of an Unoccupied Structure, both three degree felonies. The new arrest caused the client to violate condition five of his probation which prevents a probationer from committing any new law violation which was evidenced by this arrest by an undercover Tampa Police Department officer for the offense of soliciting another to commit prosecution.
Defendant was held on a "no bond" warrant until the arraignment which was scheduled on the violation of probation allegation on April 2, 2009. Because these client was charged only with violation for an arrest involving a misdemeanor offense, the case was heard in Division "K" with the Honorable Daniel L. Perry, Circuit Court Judge for Hillsborough County, FL.
A few days before the hearing, a family friend hired a Tampa probation violation attorney with the Sammis Law Firm to represent the client. We filed and scheduled a motion for bond on the same day as the arraignment, April 2, 2009. At the bond hearing, the client's employer and family friend were present to testify about the progress the client had made since he had been put on probation. We were also able to argue that the State's chances of success in proving the soliciting another to commit prosecution were low because of the particular facts of that case.
At the hearing on April 2, 2009, the Court dismissed the allegation for the second degree misdemeanor of soliciting, and also dismissed the affidavit for violation of probation. The client was released that day and given another chance to complete all of the terms of his felony probation.