Florida Woman’s Termination of Probation Set Aside After Alleged Probation Violation
The state Department of Corrections can now follow through with its intention to charge convicted felon Christina Perera with violating the terms of her probation. According to a violation of probation affidavit, Perera failed to meet with a probation officer on Oct. 23 at 9 a.m. as directed. Perera showed up at the probation office at 4 p.m. The state also alleges that Perera failed to inform the state that she had changed jobs and was operating a Christian school.
The 5th District Court of Appeal ruled that the Judge who presided over Perera’s case can reverse his original decision to terminate her probation. The ruling states that the Judge can “set aside” his original order since he did not give the State Attorney's Office and the Department of Corrections a chance to address Perera's request to terminate probation.
Perera and her business partners are defendants in a RICO lawsuit, accused of orchestrating a hostile takeover of a Christian school in Macon, Ga. Probation officers said Perera, who has been convicted on four felony charges, was in Georgia under false pretenses, including running the Christian school and day care instead of working in property management, as she had indicated.
All offenders put on probation in Jacksonville must fulfill the terms and conditions of their probation. After probation has been terminated, the probationer is released from the probation and is not liable for the offense for which probation was allowed.
The Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date if:
- The probation is completely adequately and
- the probationer has not been found in violation of any of the terms or conditions related to the probation, and
- the probation has paid all financial obligations imposed by the court.
Furthermore, to better increase the likelihood of a favorable decision by the court to terminate probation early, the defendant should serve at least half of their probationary sentence.
A person who wishes to obtain an early probation release must file a Motion to Terminate Probation Early. This motion is typically filed by an experienced probation termination defense attorney on behalf of the probationer. The Motion to Terminate Probation Early includes an attached Proposed Order for early termination that the judge will sign if the request is granted.
Motions to Terminate Probation Early, like other motions, are filed with the clerk's office for the county in which the offence was sentenced. A copy is sent to the State Attorney's office and the probation officer in charge of supervision of the offender.
The philosophy on early termination varies from judge to judge. A defense attorney with local knowledge should be able to counsel a client or prospective client on the probability of success. One’s opportunity for an early termination certainly increases if the victim and the state attorney do not oppose the motion for early termination. In the motion, the defense attorney should state at the bottom of the motion if the prosecutor is opposed to the early termination request.
If one obtains an experienced Jacksonville probation termination defense attorney, one will be able to ensure that the paperwork is accurate, filed properly, and served to the designated people. Get an experienced attorney who will work towards obtaining a hearing and gaining a favorable recommendation from the probation officer, so one can be free of a very powerful State-operated legal system.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Perera back on probation; felon loses appeal, Joe Callahan, Ocala.com