Jacksonville Criminal Attorney Blog

The Florida Times-Union recently reported on a former Jacksonville postal worker who was sentenced to two years of probation after stealing retail store gift cards from people.

The postal worker, a former Persian Gulf Navy veteran who spent 20 years in the service, suffers from post-combat stress and picked up a drug habit in 2010, when the crime occurred, his attorney told his judge recently.

Probation in Jacksonville is a serious consequence, even though people tend to believe it is a much better deal than jail. While the defendant remains out of custody, the conditions of probation can be very difficult to handle for some. That's why consulting with a Jacksonville Criminal Defense Attorney can help clients decide whether probation, if it's a viable option, is best for the defendant. An attorney can also fight to keep problematic terms out of probation requirements, thereby reducing the risks of future legal problems.

In this case, the man was ordered to pay $180 in restitution, seek drug rehab and therapy with the Department of Veterans Affairs and serve two years on probation.

While that may seem like a slap on the wrist to some, it is a serious consequence. It's likely the man was charged with some form of theft, though the article doesn't specifically what charges he faced.

In Florida, if a person is convicted and sentenced to probation, it typically means their attorney found some mitigating factors -- or information that helps the defendant's case -- throughout the course of the case. It can also mean the state's case against the defendant is weak, but that the defense found it to be a better plan to serve time on probation rather than risk a conviction at trial and the resulting prison sentence.

But sometimes, prison or jail is a better option for some people than probation. While that may seem like backwards thinking to some, it may be true. Some individuals aren't able to keep up with the monthly demands of probation, which can include conditions such as time constraints on when and where they can travel, house arrest, monthly payments, drug testing and other conditions. One probation violation in Jacksonville and a person could be sitting in jail or prison for the maximum term allowable by the crime.

Of course, beating the charges and making sure the defendant doesn't face any penalties is the first goal of any criminal defense attorney, but sometimes that's not possible. And so sound advice and counsel become important to the defendant. We work with clients to help them determine the best course of action for them, based on their circumstances and what they are best able to accomplish. Consult with an attorney immediately in order to get the best advice for your case.

Continue reading "Former Jacksonville Postal Worker Sentenced to Probation for Theft" »

When you are placed on probation in Jacksonville for a crime, the "special" conditions of your probation are determined through negotiation with the prosecutor or determined by the judge. Some terms of probation are standard to every probation.

Here are some standard terms and conditions of probation in Florida:

1. You must report to the probation office as directed.

2. You must allow the probation officers to visit you at your home, work, or elsewhere.

3. You must be employed insofar as may be possible.

4. You cannot violate any law. If you are arrested while you are on probation, you do not have to be convicted to substantiate a violation. If you are arrested and the officer had probable cause to arrest you, that could be enough to hold you in violation.

5. You have to make restitution to the victim for damage caused by you in an amount determined by the court.

6. You have to support your children to the best of your ability.

7. You cannot be around people engaged in criminal activities.

8. You have to submit to random drug testing if requested.

9. You will be prohibited from possessing a gun.

10. You cannot use intoxicants, such as alcohol, to excess.

If you are on probation and have questions about probation in Jacksonville, contact a Probation Attorney in Jacksonville.

Our Jacksonville Probation Law Firm handles many cases that result in probation. Probation is a form of community supervision that requires you complete specific conditions and meet with a probation officer. Probation sentences are given when someone has no or a minimal criminal record.

Here are some terms associated with probation in Jacksonville:

Administrative Probation - a form of probation where you do not have to physically report to a specific probation officer. The person put on this probation is considered a low risk to the community. After being on this type of probation for half the stated term, you can go on a non-reporting status until the expiration of the term.

Community Control - a more intensive form of supervised custody. You can be restricted to your county, home, or residential placement during the duration of the community control. Community Control is individualized to each person placed on it. It could include ankle monitors or you keeping a log about where you have been.

Drug Offender Probation - a form of probation that emphasized drug treatment. You will be required to attend AA or NA meetings, get a drug evaluation, be subjected to random urine tests, along with other conditions.

Sex Offender Probation - intense supervision with or without electronic monitoring (ankle monitor). This is the most difficult probation to complete and requires attendance and completion of a sex offender psychological program, mandatory curfew, random searches of your home and person, restrictions on where you live, etc.

When you are placed on probation in Jacksonville or anywhere in Florida, there are "standard" conditions and "special conditions". Special conditions are specific to the crime alleged, such as ordering DUI school in a DUI or ordering Batterers' Intervention Program in a Domestic Battery probation. There are also standard conditions applicable to every probation.

These standard conditions of probation are:

1. to report to probation

2. to allow your probation officer to visit you at your house or at your employment

3. to remain employed

4. to stay in the city in which you were placed on probation

5. to not break any law

6. to make any necessary restitution

7. to support your dependents (children) as best you can

8. to not associate with people who are engaged in criminal activities

9. to submit to random drug or alcohol testing

10. you are prohibited from possessing a gun

If you are placed on probation and your probation officer is threatening to violate you, contact a Jacksonville Probation Attorney to discuss your rights.

Our Jacksonville Probation Law Firm represents many people on who are on probation. When you are put on probation in Jacksonville or anywhere in Florida, you don't have the same rights and freedoms as the common citizen.

The Court, when it sentences someone to probation, imposes standard and special conditions. Standard conditions include:

1. The probationer must report to every scheduled meeting.
2. The probationer cannot possess any firearms.
3. The probationer must pay probation fees. (usually around $50.00 per month)
4. The probationer cannot use intoxicants to excess.

"Special" conditions are the conditions the Court imposes that relate directly to the crime the person was arrested for. Some "special" conditions are:

1. Random Urinalysis to test for drug use.
2. Payment of restitution.
3. Community Service Hours (When you are placed on DUI probation in Jacksonville, performing service hours are mandatory)
4. Attend drug rehab.
5. Pay specific court costs.

If a probationer violates his or her probation, they can be put back in jail with no bond until they can go before the judge. If you are on probation in Jacksonville, Clay County, or Nassau County and think you may have violated your probation, call a Jacksonville Probation Lawyer to discuss your options.

State witness, Stephfan Wilson, has been arrested for DUI. Wilson was the main witness in the shooting trial of Richard Collier, former Jacksonville Jaguar player. Wilson was on probation when he was in the car with Tyrone Hartsfield when Hartsfield allegedly shot Collier. Even though Wilson flunked multiple drug tests while the case was pending, he still remained a free man as long as he testified in the Hartsfield trial. Hartsfield was found guilty of the shooting and Wilson was out of custody.

Wilson was stopped by Georgia police for speeding. When the officer made contact with Wilson, he noticed an open container of alcohol.

If you are on probation in Jacksonville and you are arrested for new charges, your probation can be violated. The state attorney has to prove that the officer who arrested you on the new charges had probable cause to arrest. If the new criminal charges in Jacksonville are dropped, the judge could still find you in violation. If you suspect you have violated your probation in Jacksonville, you should contact a Jacksonville probation lawyer.

A police officer in Sandy, Oregon, has entered a guilty plea to official misconduct. William Bergin took people's driver's licenses when they were pulled over for driving on a suspended license. He was accused of then giving the confiscated licenses to an underage girl so she could buy alcohol.

Bergin was placed on 2 years probation for official misconduct. He has to spend one day in jail, perform 120 hours of community service, and pay a $500 fine. If Bergin violates his probation, he could be sent back to jail.

In Jacksonville, if you are placed on probation for a crime and you violate that probation, you can be sent to jail for the maximum time punishable for the original crime you were convicted of. The prosecutor has to prove that you "willfully and substantially" violated.

If you have any questions about probation violations in Jacksonville, contact our Jacksonville Probation Attorneys at (904) 634-0900 for a free consultation.

The Pew Center's Report on the States released a report yesterday outlining Florida's numbers involving community supervision. Community supervision includes:

1. Probation in Jacksonville and all of Florida
2. Pretrial Intervention in Jacksonville and all of Florida
3. House Arrest in Jacksonville and all of Florida

The Florida Department of Corrections reports that people in Florida who are being supervised has risen from 95,973 in 1997-1998 to 107,203 in 2006-2007.

If you have any questions about House Arrest in Jacksonville, Probation in Jacksonville, or Pretrial Intervention in Jacksonville, call our Jacksonville House Arrest Attorneys at (904) 634-0900.

While you are on criminal probation in Florida, your probation can be revoked for any conduct the judge considers unfavorable. If you are arrested for violating your probation, you do not have the right to a jury trial. You are entitled to a hearing where the prosecutor has to prove that you "willfully and substantially" violated your probation. If the Court finds you in violation, you could be given the maximum jail sentence you were facing on the original charge.

Probation is most often revoked for the following violations:

1. Failure to complete the requirements of probation in a timely manner.

2. Failure to report to your probation officer. DO NOT STOP REPORTING. Even if you cannot pay fees or costs, you should continue to report.

3. Getting arrested while on probation. An arrest that is supported by probable cause is an automatic violation of your probation.

4. Associating with people of bad character.

Probation officers have the great power to determine whether you remain on probation or whether they violate you. That is why it is very important to build a good relationship with them. Jail time hangs over your head until your probation ends and it is vital to complete all conditions of your probation on time.

If you have any questions about criminal probation, contact our Jacksonville Probation Criminal Defense Attorneys today for a free consultation.