Criminal Defense Attorney, Leslie Sammis, discusses a recent case result in a violation of probation case in Bartow, Polk County, FL.
Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:
Past successes do not guarantee future results.
The facts and circumstances of your case may differ from the cases discussed in our recent case results.
Not all results are provided.
The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.
Result: VOP Dismissed and Probation Terminated Early
Bartow, Polk County Circuit Court Criminal Division 08-CF-007393-XX 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.
The consequences of a violation of probation in Bartow, Polk County are serious. In many of these cases, even for a misdemeanor violation of probation, such as DUI or possession of marijuana, the Polk County Judge may issue a "no bond" warrant for your arrest.
After your arrest, your case may not be schedule for a hearing on the violation of probation affidavit for weeks.
Instead of sitting in jail for several weeks, many people can benefit from hiring an attorney to file a motion for bond or to move up the VOP hearing date.
Your attorney can also help you come up with ways to come into compliance with any remaining terms or to explain any technical violation. If you were arrested for a new felony or misdemeanor offense, your attorney can represent you on that offense as well.
Read the disclaimer and press the "I Agree" button to find out more about our recent case results in violation of probation cases in Polk County, Florida:
Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:
Past successes do not guarantee future results.
The facts and circumstances of your case may differ from the cases discussed in our recent case results.
Not all results are provided.
The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.
In two recent cases, two different clients whose cases were totally unrelated had similar problems. In each case the client was issued a notice to appear for a possession of marijuana, a misdemeanor offense. In each case, when the client went to the arraignment the client entered a plea to the charge without the benefit of talking with a private attorney or a public defender in Polk County. The Court in Bartow, FL, then sentenced the client to 45 days in jail, suspended, conditioned upon the client completing 12 months of probation with 6 clean urine tests and community service.
Instead, each client was placed on probation in Polk County, Florida. Both clients had trouble with one of the 6 urine screens. One client tested positive for cannabinoids (marijuana or cannabis). The other client was charged with "failure to provide a urine sample" which is treated by the court in Polk County in the same manner as a positive urine screen. After the probation officer in each case filed a affidavit of violation of probation, the Court issued a "no bond" warrant. Both individuals were arrested at on the "no bond" warrant for a misdemeanor violation of probation in Polk County.
After the arrest, in each case the family hired the Sammis Law Firm. Within a few days we scheduled a bond hearing in each case. For the first case, heard in Division M6, the bond hearing was scheduled on April 13, 2009. The Court in Polk County granted the bond motion, released the client from the jail on "ROR" the same day (without having to post any bond money), scheduled 2 drug screens, and then reset for a hearing in May.
In the second case, the bond motion was heard on April 20, 2009, which was within a few days of when the firm was retained, again in Division M6. In that case, the Court in Bartow again granted the motion so that the client did not have to remain in jail for the next 45 days while waiting for the first motion hearing date. The Court ordered the client into the pre-trial release program ROR (without having to post any bond money).
The important thing to keep in mind is that if you are arrested on a "no bond" warrant, you will usually sit in jail until your VOP case is resolved in front of the VOP judge. Unfortunately, after your arrest it may be many weeks before your case is schedule for a hearing in front of the judge that will hold your VOP hearing or sentencing. The only "short cut" to get you back in front of the judge sooner is to schedule an emergency bond hearing.
In many of these cases, a small technical violation (even if it occurred) does not require continuing to hold the person with no bond for several weeks, especially for a charge like misdemeanor possession of marijuana. Every case is different. Only by talking with an experienced criminal defense attorney can you find out what remedies might be available for your particular case.
Information Upon Request Zone
If you believe that your probation officer is about to issue an affidavit for a probation violation in your Polk County case, contact an experienced criminal defense attorney that fights violation of probation cases at the courthouse in Bartow, Polk County, today to discuss your case.
Violation of probation can occur in a variety of felony and misdemeanor cases, such as DUI, reckless driving, driving while license suspended or revoked, possession of marijuana, felony drug charges, domestic battery, or child abuse.
Call our office to discuss the facts of your case with an attorney during a free consultation by calling 813-250-0500. Click here for more information hiring a criminal attorney for Polk County, Florida. Don't face the judge alone.
Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:
Past successes do not guarantee future results.
The facts and circumstances of your case may differ from the cases discussed in our recent case results.
Not all results are provided.
The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.
The client hired the Sammis Law Firm because he wanted an attorney to file and litigate a motion to terminate probation early in Polk County, Florida. In 2002 the man entered a "no contest" plea to two counts of third degree child abuse pursuant to Florida Statutes Section Section 827.03. The Polk County Circuit Court Judge sentenced the man to 5 months in county jail plus 10 years probation for the two child abuse charges which were to be run concurrent (run together at the same time).
After the client had served more than six years of the ten years of probation, the client's original motion for early termination was denied by the Court in Polk County, FL. The court reasoned that since the underlying charges related to child abuse, he was not inclined to terminate probation early. Ms. Sammis then filed an amended motion for early termination and a "Motion to Correct Illegal Sentence Pursuant to Florida Rule 3.800(a) Where the Error is Apparent on the Face of the Record."
The Florida Rule 3.800(a) motion showed that the client's plea to two third degree felonies for child abuse under Florida Statutes Section 827.03 were punishable by a maximum of five years in prison unless the Criminal Punishment Code (CPC) score sheet exceeded the statutory maximum. See Florida Statutes Section 921.0024(2), Fla. Stat. (2004). In this case, the lowest permissible prison sentence indicated on the CPC score sheet was 19.5 moths which was well below the statutory maximum. Therefore, the maximum sentence in this case for each count was 5 years in Florida State Prison.
The actual sentence imposed in the case was illegal for two reasons, and that illegality was apparent on the face of the record. First, the sentence was illegal because the maximum sentence for a third degree felony such as child abuse under Florida law would be five years probation on each count with credit for time served instead of 10 years probation. Second, the Polk County written order states that the jail sentence of 5 months was to be served prior to the term of probation beginning which extended the sentence on each third degree felony to 10 years and 5 months.
The negotiated sentence was for a "concurrent" sentence on each count. Any sentence in excess of 5 years was in error and illegal. The fact that the sentence was part of a negotiated plea does not affect the illegality of the sentence. See Acres v. State, 925 So.2d 435 (5th DCA 2006), review dismissed, 940 S0.2d 427, rehearing denied.
The client took the position that he wanted the probation terminated early as quickly as possible. When the case went before the court the second time, the prosecutor still objected to terminating the probation early, but conceded that the form of the sentence was incorrect. The court granted the motion to terminate probation early, specifically stating on the record that the reason for granting the motion was because of the error in the form of the sentence. Because the Court granted the motion to terminate the probation early, the sentencing error became a moot issue. The client was pleased with the result and relieved to walk out of the courtroom a free individuals who was no longer on probation.
Information Upon Request Zone
If you are currently serving a felony probationary sentence in Florida and are considering filing a motion to terminate your felony probation early, contact an experienced criminal defense attorney to discuss your case.
