Facts and Procedural History

Allegedly, the defendant, a minor, faced charges in multiple juvenile cases, including possession of cannabis and domestic battery, and entered no contest pleas in both matters. The trial court withheld adjudication and imposed consecutive probationary terms, with the second term to begin after the first.

The post Florida Appellate Court Clarifies Juvenile Probation Jurisdiction and Extensions appeared first on Tampa Criminal Lawyer Blog.

Factual and Procedural History of the Case

It is alleged that the state filed an affidavit of violation of probation alleging that the defendant committed three new law violations: armed carjacking, grand theft of a vehicle in the third degree, and resisting an officer without violence. However, the written order of revocation outlined different violations, such as failing to undergo a mental health evaluation, not completing drug/alcohol treatment, failing to make restitution payments, possessing a weapon, failing to report to the community control officer, not staying confined to his approved residence, and failing to submit to electronic monitoring multiple times.

It is reported that during the revocation hearing, the defendant argued whether the carjacking should not be considered “armed.” Despite this, the trial court revoked the defendant’s probation, orally stating that he violated probation by committing the three criminal offenses mentioned earlier. The defendant then appealed.

Grounds for Reversing a Revocation of Probation

On appeal, the court reversed the trial court ruling. The court noted that the written order of revocation listed additional violations not mentioned in the oral pronouncement, including uncharged violations. The State acknowledged this error, conceding that the written order did not accurately reflect the trial court’s oral pronouncement and contained inaccuracies regarding the nature of the carjacking offense.

The court found that revocation of probation based on uncharged violations deprives the defendant of due process and constitutes a fundamental error. As such, the court reversed the trial court’s decision and remanded the case with instructions to correct the written order of revocation to align with the trial court’s oral pronouncement.

In doing so, the court emphasized the importance of ensuring that written orders of revocation accurately reflect the factual findings and pronouncements made during the probation revocation hearing.

Consult a Skilled Tampa Criminal Defense Attorney

While probation is a less restrictive punishment than imprisonment, people must nonetheless comply with the terms of their probation, and if they fail to do so, they may face harsher penalties. If you need assistance defending against allegations that you violated the terms of your probation, it is wise to consult an attorney. The skilled Tampa probation revocation defense lawyers of Hanlon Law have ample experience helping people protect their interests in criminal matters, and if you hire us, we will fight tirelessly on your behalf. You can reach Hanlon Law by using the form online or by calling us at 813-228-7095 to arrange a meeting.

The post Court Explains Grounds for Reversing a Revocation of Probation in Florida appeared first on Tampa Criminal Lawyer Blog.

The Alleged Violation

It is reported that the defendant was charged with a third-degree domestic violence felony after he struck the victim, who was his girlfriend. He pleaded guilty pursuant to a negotiated plea and was sentenced to six months in prison with credit for all but one day served, to be followed by probation. The terms of his probation included a requirement that he abide by the state and federal law, complete a batterer’s intervention program, and maintain peaceful contact with his victim. He was subsequently arrested for domestic violence battery for assaulting the victim.

Allegedly, the state filed numerous iterations of an affidavit of probation violation, arguing the defendant violated his probation in three ways: by calling the victim from jail and for being arrested for two separate domestic violence crimes. Following a hearing, the court issued a revocation order on the grounds that the evidence supported the finding that the defendant violated the terms of his probation. He appealed, arguing that the state failed to show that he knowingly violated the peaceful contact condition.

Grounds for Revoking Probation

Under Florida law, during a probation revocation hearing, the state must show by a preponderance of the evidence that the defendant substantially and willfully violated a term of their probation. Further, a trial court’s determination that a party on probation substantially and willfully violated a condition of their probation must be supported by competent evidence.

Upon reviewing the evidence, the appellate court noted that while the calls the defendant made to the victim from jail did not support the assertion that he violated the peaceful contact condition, they did support the argument that he violated the terms of another condition, in that he was in violation of a no-contact order when he made the call. Based on the foregoing, the appellate court reversed to the extent the trial court erred in determining what conditions of probation were violated and remanded the matter to the trial court to make a new determination.

Talk to a Seasoned Criminal Defense Lawyer in Tampa

A probation sentence allows a criminal defendant to enjoy many activities of normal life, but if they fail to adhere to the terms of their probation, it may be revoked. If you are faced with accusations that you committed a probation violation, you should talk to an attorney to determine what measures you can employ to protect your interests. The seasoned Tampa criminal defense attorneys of Hanlon Law can advise you of your rights and help you to pursue a favorable outcome.  You can reach Hanlon Law via the form online or at 813-228-7095 to set up a meeting.

The post Florida Court Analyzes Grounds for Revoking Probation appeared first on Tampa Criminal Lawyer Blog.

History of the Case

It is reported that the defendant was charged with conspiring to commit mail fraud and participating in a tax fraud scheme. He entered a guilty plea and was sentenced to five years of probation. While on probation, he tested positive for marijuana, missed numerous drug tests and counseling sessions, and failed to report to his probation officer. Thus, the State moved for revocation of his probation.

Allegedly, during the revocation hearing, he asked for a second chance, which the court granted despite its reservations. The defendant tested positive for narcotics numerous times over the next five months. Subsequently, the district court revoked his probation and sentenced him to eleven months in prison, followed by eight years of supervised release. The defendant appealed, arguing his sentence was unreasonable.

Reviewing a Sentence Following Probation Revocation for Reasonableness

The United States Court of Appeals for the Eleventh Circuit reviews sentences following the revocation of probation for reasonableness. The court elaborated that in reviewing a sentence for reasonableness, it will assess whether the court committed an abuse of discretion. Unless the court develops a firm and definite conviction that the district court made an obvious error of judgment, the Court of appeals will not disturb a sentence.

The court explained that when a defendant violates a term of probation, the district court may revoke probation and resentence the defendant. In making its decision, the district court must evaluate the need to demonstrate the seriousness of the offense, provide just punishment for the crime, and promote support of the law. The district court must also deter criminal activity and protect the public from similar conduct in the future. In the subject case, the Court of Appeals found the defendant’s sentence to be subjectively reasonable, based on his criminal history, as well as his pattern of violating prior sentences. Thus, it affirmed the district court ruling.

Speak to an Experienced Tampa Criminal Defense Attorney

People who violate the terms of their probation may face substantial penalties. If you are accused of a probation violation, it is in your best interest to speak to an attorney about what arguments you can assert to protect your interests. William Hanlon of Hanlon Law is an experienced Tampa defense lawyer who can advise you of your rights and help you to seek the best outcome possible under the facts of your case. You can contact Mr. Hanlon via the form online or at 813-228-7095 to set up a conference.

The post Florida Court Explains Penalties Imposed for Probation Violations appeared first on Tampa Criminal Lawyer Blog.

Violations of Probation Under Florida Law

Probation is a type of community supervision in which a person convicted of a crime must comply with specific conditions and terms instead of being sent to prison. If a person violates a term of his or her probation, it may result in significant penalties, up to revocation of probation.

A violation of probation happens when a person substantially and willfully fails to comply with the conditions and terms of his or her probation. Whether a violation is both substantial and willful is assessed based on the facts of each case. The State bears the burden of proving a violation occurred, but it faces a lesser burden than in other criminal matters. Specifically, the State merely has to prove a violation occurred by the greater weight of the evidence, rather than beyond a reasonable doubt.

Probation violations are broken into two categories in Florida: technical and substantive. Technical violations happen when a person violates general or specific conditions of his or her probation. Generally, this includes things like failing drug tests, missing appointments related to probation, failing to pay fines or costs, and failing to complete court-ordered programs. Substantive violations, on the other hand, occur when a person who is serving a probationary sentence commits a new crime. In order to revoke probation based on a new crime, the State typically must provide direct evidence, that is not hearsay, that the defendant was involved in criminal activity.

Ramifications of Probation Violations

A person that violates a condition of probation will most likely be arrested. Once the person is taken into custody, the court will schedule a hearing to review the facts of the case. In many cases, the court will require the person to remain in jail until bond is requested. The court will then conduct a hearing in which the State will present its evidence that the conditions of probation were violated. If the court finds that a violation occurred and that it was substantial and willful, it will impose a penalty it deems fit.

Speak to a Trusted Tampa Criminal Defense Attorney

People who are sentenced to probation are often able to live relatively normal lives, but if they violate a condition of their probation, it may be revoked. If you are accused of a violation of probation, you should speak to an attorney to assess your potential defenses. William Hanlon of Hanlon Law is a trusted probation violation defense attorney who can advise you of your rights and help you to seek the best outcome possible in your case. You can contact Mr. Hanlon via the form online or at 813-228-7095 to set up a conference.

The post What is a Violation of Probation in Florida? appeared first on Tampa Criminal Lawyer Blog.

In some instances, a defendant convicted of a criminal offense will be sentenced to probation rather than imprisonment. Although people on probation have significantly more freedoms than those who are imprisoned, their liberties are not boundless. Specifically, they must comply with the restrictions imposed by their probation orders. If they violate the rules of probation, they may face additional penalties, but not all violations are significant enough for probation to be revoked. Recently, a Florida court addressed what constitutes a violation significant enough to lead to the revocation of probation. If you are accused of violating the terms of your probation, it is critical to meet with a seasoned Tampa criminal defense attorney to assess your possible defenses.

The Defendant’s Probation and Alleged Violation

It is reported that the defendant was convicted of several drug crimes. Following his conviction, he was sentenced to probation. One of the conditions of the defendant’s probation was that he had a curfew that dictated that he had to be home between 10:00 pm and 6:00 am. One evening, the defendant’s girlfriend came home from work, after which they traveled to the store. They left the house at 11:15 pm and were stopped by a police officer at 1:40 am. The defendant’s probation was then revoked due to the violation of his curfew. The defendant appealed. On appeal, the appellate court affirmed the revocation.

Material Probation Violations Under Florida Law

On appeal, the defendant argued that his violation was not substantial. The appellate court disagreed, noting that the defendant’s absence was extended and there was no emergency. The court also noted that under Florida law, an absence from home without permission is considered a willful and substantial violation of probation.

The defendant also argued that the trial court did not expressly find that he committed a willful and substantial revocation. The appellate court disagreed, stating that that the trial court found that the defendant’s violation was willful. Further, the appellate court noted that the trial court found that the defendant’s violation was material. Thus, the appellate court ruled that a trial court’s statement that a probation violation was material was the same as a statement that a violation was substantial.

The court explained that according to accepted dictionaries, material meant having true importance or a significant consequence, while substantial was similarly defined as important or true. As the definitions were largely similar, they were essentially interchangeable. Thus, the appellate court found that the trial court made the findings necessary to revoke the defendant’s probation and affirmed the trial court ruling.

Speak to a Skillful Criminal Defense Attorney in Tampa

Probation allows people convicted of crimes to lead relatively normal lives, but if they violate the terms of their probation, it may be revoked. If you are accused of a probation violation you should speak to a lawyer to discuss your options. William Hanlon of Hanlon Law is a skillful probation violation attorney who can assess the facts of your case and advise you of what defenses you may be able to set forth. Mr. Hanlon can be reached via the form online or by calling 813-228-7095 to set up a meeting.

The post Florida Court Explains What Constitutes a Material Probation Violation appeared first on Tampa Criminal Lawyer Blog.

Factual History of the Case

It is reported that the defendant was convicted of multiple sex crimes for which he was sentenced to five years in prison, followed by ten years of sexual offender probation. His probationary period began in 2013. In 2014, the defendant’s probation officer filed a notification of a technical violation due to the defendant’s failure to take a polygraph test, but no affidavit of a violation of probation was filed. In 2015, a violation of probation violation was filed, but the defendant was found not guilty, and in 2018 the defendant was found to have violated the terms of his probation, after which his probation was reinstated.

Allegedly, in 2019 the defendant’s probation officer submitted an affidavit of violation of probation due to the fact that the defendant missed his curfew. The defendant denied that he committed a willful violation, but following a hearing, the defendant was found guilty of a violation. He was sentenced to concurrent fifteen-year prison terms, after which he appealed, arguing that the court violated his rights during the hearing and sentencing process.

Evidence Permissible in a Probation Violation Hearing

In Florida, a court determining whether to revoke probation must determine by a preponderance of the evidence whether the defendant substantially and willfully violated probation and, if so, then must determine whether to revoke probation. On appeal, the appellate court will review whether there was substantial competent evidence to support a finding of a violation and whether the lower court erred in revoking probation.

In the subject case, the appellate court found that not only had the trial court relied on evidence outside the record in determining there had been a violation, it also did not allow the defendant to offer defense as to the State’s allegations. Specifically, the court allowed the State to introduce evidence of a prior alleged violation of curfew even though no technical violation letter or affidavit was ever submitted in support of the allegation. Thus, the court found the trial court misconstrued the record and relied on improper evidence in finding a violation and reversed the trial court ruling and remanded for further proceedings.

Speak to a Dedicated Probation Violation Defense Attorney

If you live in Tampa and are charged with violating the terms of your probation, you should speak to an attorney regarding your rights. William Hanlon of Hanlon Law is a dedicated Tampa probation violation defense attorney who can advise you of your potential defenses and assist you in striving for a just result. Mr. Hanlon can be reached through the online form or at 813-228-7095 to schedule a meeting.

The post Court Discusses Evidence Sufficient to Prove a Probation Violation in Florida appeared first on Tampa Criminal Lawyer Blog.

If a defendant violates any of the terms of probation it can result in a revocation of probation and a sentence of imprisonment. A Florida appellate court recently analyzed the State’s burden of proof in showing a defendant’s probation violation warrants revocation, in a case in which the defendant’s violation was revoked due to a willful violation.  If you are charged with a probation violation in Tampa, it is critical to speak with a trusted Tampa criminal defense attorney as soon as possible to prepare a defense.

Facts Regarding the Defendant’s Probation

The post Court Analyzes What Constitutes a Willful Violation of Probation Under Florida Law appeared first on Tampa Criminal Lawyer Blog.

Recently, a Florida appellate court discussed the State’s burden of proof in revocation hearings, in a case in which the court reversed a trial court’s finding that the defendant had committed a crime. If you reside in Tampa and are facing criminal charges or the potential of revocation of your probation, it is in your best interest to consult a skilled Tampa criminal defense attorney to help you in your efforts to retain your rights and protect your future.

Facts of the Case

Reportedly, the defendant was on probation for various crimes. During his probation, it was alleged that he committed new offenses, thereby violating his probation. Specifically, it was alleged that he used cocaine and committed the offenses of theft, dealt in stolen property, and provided false verification of ownership to a secondhand dealer. A probation revocation hearing was held, after which the court found the defendant violated his probation by committing the alleged offenses and revoked his probation. The defendant appealed, arguing in part, that there was insufficient evidence he provided false verification of ownership to a secondhand dealer.

The State’s Burden of Proof at Revocation Hearings

On review, the court explained that the State must show an alleged violation of the terms of a defendant’s probation by a preponderance of the evidence. If a defendant alleges a trial court erred in finding a violation, the appellate court will assess whether the trial court committed an abuse of discretion in finding a violation. In the subject case, the defendant’s probation was revoked in part due to an alleged violation of section 538.04(4)(a) of the Florida statute, which prohibits a person from knowingly providing false verification of ownership of property to a secondhand dealer of goods. Section 538.04(4)(a) also requires a secondhand dealer to complete a transaction form with information identifying the person providing the property, and a signed verification that the person is the owner of the property and entitled to sell the property.

Here, the defendant allegedly sold property he borrowed from his mother in law to a pawnbroker. The pawnbroker did not testify at trial, and there was no evidence introduced at trial that showed the defendant falsely verified he owned the property and was rightfully entitled to sell the property. The State argued that evidence existed that showed the defendant was not the rightful owner of the property, however, the court held this was insufficient to show he falsely verified his ownership. As such, the court reversed the revocation of the defendant’s probation to the extent it was based on the violation of section 538.04(4)(a) and remanded for re-sentencing.

Schedule a Meeting with a Seasoned Tampa Criminal Defense Attorney

The State must meet certain evidentiary standards to prove a defendant on probation committed an offense and his or her probation should be revoked. If you are a resident of Tampa and are charged with a criminal offense or a probation violation, you should meet with a seasoned Tampa criminal defense attorney to discuss your case.  William Hanlon of Hanlon Law is an experienced Tampa criminal defense attorney who will work diligently to help you seek a favorable outcome under the circumstances. Mr. Hanlon can be reached at 813-228-7095 or through the online form to schedule a meeting.

More Blog Posts:

Florida Court of Appeals Reverses Conviction for Resisting an Officer Without Violence, November 27, 2018, Tampa Criminal Lawyer Blog

The post Florida Court Explains State’s Burden of Proof at Probation Revocation Hearings appeared first on Tampa Criminal Lawyer Blog.

Facts of the Case

Allegedly, it is the internal practice of the Tampa Police Department to regularly check in on juveniles on probation to ensure they are complying with the terms of the probation.  If the police determine a juvenile is violating the terms of his or her probation, a “local pickup order” call will then be placed to pick up the juvenile for violation of probation. In this case, two police officers received a dispatch call to pick up the defendant for violation of probation. The officers went to the defendant’s house to arrest him and found him hiding in a closet. The defendant refused to walk down the stairs of the apartment and had to be carried out by the police officers. After the defendant was placed in the police car, he kicked out a window, and the officers had to restrain him. The defendant was subsequently charged and convicted of criminal mischief and resisting an officer without violence. The defendant subsequently appealed his conviction.

The post Florida Court of Appeals Reverses Conviction for Resisting an Officer Without Violence appeared first on Tampa Criminal Lawyer Blog.