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Result: VOP Dismissed and Probation Terminated Early
Bartow, Polk County Circuit Court Criminal Division
Prosecutor Drops VOP Allegation, Court Allowed Early Termination of Probation
Our client was wanted on a "no bond" warrant for his arrest for a violation of probation in Bartow, Polk County, FL. So that our client could avoid going into custody, we filed a motion to surrender and request to release him on his own recognizance (ROR - without being required to post money for bail). On September 23, 2009, our client walked into the courtroom with his attorney and the Court granted our motion to ROR allowing our client to avoid sitting in jail on a "no bond" warrant.
The client had originally been charged in Bartow, Polk County with Armed Burglary to a Dwelling under Florida Statute 810.02 (Second Degree Felony) and Grand Theft with a Firearm under 812.014 (Third Degree Felony). Those charges were ultimately reduced to one first degree misdemeanor offense of trespass, and the client entered a plea for probation to complete 50 hours of community service, and complete NCTI school in Bartow, FL.
At the hearing on the violation of probation case in October 14, 2009, we were able to show the Polk County prosecutor that our client was not in violation of probation for two reasons:
1. Our client was cited with a new criminal offense of Driving While License Suspended or Revoked (DWLSR) with knowledge pursuant to 322.34(2)(a)(1) and Possession of a Suspended Driver's License 322.32. The client had been arrested for those criminal traffic charges in Orange County, FL. We were able to show the prosecutor that the prosecutor in Orange County, FL, ultimately dropped those criminal traffic charges because the State was unable to prove that the client had any knowledge of a driver's license suspension as required by the statute.
The same problem existed for the prosecutor in Polk County, FL, because insufficient evidence existed in the case to prove DWLSR or for being in possession of a suspended driver's license.
2. The client was cited with violation of probation for leaving the county as evidenced by the fact he got the ticket in Orange County, FL. However, after the probation officer made this VOP allegation, the client was able to show proof that he was out of county for work purposes and that he had the probation officer's implied consent for the trip out of county.
No Violation and the Probation was Terminated Early at the VOP Hearing -
At the October 14, 2009 VOP hearing, the Polk County prosecutor also agreed to recommend to the court that it grant the defendant's oral motion for early terminate the probation which is a fairly unusual result at a probation violation hearing in Florida. One of the main reasons for this extraordinary remedy was because we presented a letter from the probation officer that suggested that early termination was appropriate. The client had completed all special conditions of his probation, including the payment of all court costs and cost of supervision, and all other conditions such as the class and community service were completed.
At the Violation of Probation hearing, the Polk County Circuit Court Judge Charles Brown (sitting in for Judge Bruce Smith) dismissed the affidavit for violation of probation and then granted the defense motion for early termination of probation. The client walked out of the courtroom a free man who was no longer on probation.
Information Upon Request Zone
Contact the Sammis Law Firm to discuss your case if you have been accused of violation of probation in Polk County, Hillsborough County, Pinellas County, Pasco County, Hernando County, Manatee County or any surrounding area in central Florida. Call 813-250-0500 to discuss the facts of your case with an attorney during a free consultation with an attorney today in the office or over the phone.