Articles Posted in probation

 

DRYWALL POWDER WRONGFULLY DETERMINED TO BE COCAINE BY FLAWED FIELD TEST

A Jacksonville.com story gives details into a tragic case in which an innocent man remained jailed for 90 days on suspicion of possession of cocaine.  The case is out of Oviedo, Florida near Orlando.  Karlos Cashe was pulled over by law enforcement for driving a motor vehicle without headlights.  During the traffic stop the officers used a police K9 to conduct a sniff of the vehicle to determine the presence of any illegal narcotics in the vehicle.  After a positive alert by the K9, a search took place in which a white powdery substance was recovered.  Cashe informed the officers numerous times that the powdery substance was drywall.  The officers however field tested the substance which tested positive for cocaine.  The story also clearly points out that the officers ran the background of Cashe and saw that Cashe was currently on probation for possession of cocaine and cannabis.  The officers knew any new arrest would suffice to violate Cashe’s probation.

Mr. Cashe was certainly at the mercy of system in his current arrest.  The way the system is set up is how an innocent man was forced to sit for ninety days behind bars.  When an individual is on probation and they violate their probation for what is considered a “new law violation,” they are not entitled to a bond.  Often times their bond will in fact be set at none.  In Cashe’s case he was forced to sit behind bars while the suspected cocaine was sent off to the Florida Department of Law Enforcement’s Chemistry lab for analysis.  Unfortunately for Mr. Cashe or anyone else in his  situation, the labs typically are backed up due too under funding and the sheer number of cases they are assigned.  As Cashe knew himself and tried to explain to the officers, the substance was not cocaine. This writer and many other defense attorneys are very skeptical of an officer stating that the drug dog “alerted” on the car.  Here, for example, has the dog been trained to alert on drywall powder? If not, what was causing the dog to alert? Who knows if the dog alerted at all?  Cashe most probably, based on this writer’s experience, aggravated the officers by not consenting to a search of his vehicle. If he had consented to a search, the drug dog and its handler would not have been called to the scene as they were not necessary.

HOW HE SAT IN JAIL 90 DAYS

So why did Cashe have to sit behind bars so long?  Case law has long been established that field test kits for narcotics are allowed to be utilized to determine probable cause to arrest an individual.  The simple fact that Cashe was on probation is why he was held with no bond.  The obvious questions that this blogger has start with the date on the Florida Department of Law Enforcement Chemistry report that exonerated Cashe.  I am certainly curious to know how much longer did an innocent Mr. Cashe sit behind bars after the report was completed.  Furthermore, how long was Mr. Cashe sitting behind bars before the suspected cocaine was even sent to the chemist?  These are all questions that will likely be answered in a non- criminal courtroom. Continue reading

REARRESTED 30 DAYS AFTER PLEADING TO SEX CASE IN COLUMBIA COUNTY

Former Gainesville and Lake City music teacher David O’Neill was labelled a sex offender under Florida law on December 19, 2016.  According to police and court records, O’Neill, who actually has a doctorate degree in music, education  or music education from the University of Florida, awarded in 2013, was rearrested right at 30 days(January 19, 2017) from his December 2016 sentence of five years probation in a Columbia County sex case.  This is according to a report out of Gainesville, Florida, http://www.gainesville.com/news/20170120/gpd-sex-offender-violates-registration-in-online-ads, 

Columbia County Sex Case

The two charges Dr. O’Neill was arrested  on in Columbia County Florida, back on February 15, 2016,  were originally a result of his actions communicating with a minor online in an attempt to have sex with that minor and the transmitting of material harmful to minors.  He entered a plea to the one count of the transmission of harmful materials to a minor and was placed upon 5 years of felony probation by the judge in Columbia County or Lake City, Florida.  Apparently O’Neill taught music in the Columbia County School system at one time.  He has also taught in the Alachua County school system prior to these arrests. At the time of this writing, it appears that the Judge in Columbia County originally sentenced Dr. O’Neill to five years of sex offender probation but then court records show that his probation was corrected to be five years of standard felony probation.  The difference between the two categories of felony probation are very significant.  Although any felony probation is something to contend with, sex offender probation under Florida law, carries the following additional conditions, restrictions and requirements:

  1. mandatory curfew from 10 p.m. to 8 a.m.
  2. cannot reside within 1000 feet of a place where children regularly congregate( some counties such as Duval expand this to 2500 feet)
  3. active participation and successful completion of a sex offender treatment program
  4. no contact with the victim unless approved by the victim, the sentencing judge and the professional treating the sex offender
  5. if the victim was under 18, no contact with minors unless, same conditions as #4 above and the offender must be in sex therapy or have completed it
  6. if the victim was under 18, the offender cannot work for pay or volunteer at any place where children regularly congregate
  7. a prohibition on viewing, accessing owning or possessing obscene, pornographic or sexually stimulating material
  8. must submit a DNA sample (that is not just on sex cases anymore)
  9. restitution to the victim for all medical and psychiatric or psychological treatment related to the crime
  10. submission to a warrantless search by the probation officer of the person’s residence, person or vehicle (that’s not exclusive to sex cases)
  11. A polygraph exam, at least annually, by an examiner certified as a postconviction sex offender polygrapher
  12. must keep a driving log
  13. cannot keep a post office box without approval of probation officer
  14. if the charges allege sexual contact, probationer must undergo an HIV test and results provided to victim and/or victim’s parents or guardian
  15. electronic monitoring by GPS
  16. cannot access the internet until a risk assessment is completed and a safety plan implemented by the treating professional
  17. for offenders with victims under 18, the offender cannot hand out Halloween candy, dress as Santa Claus or the Easter Bunny

 

The Alachua County Arrest

Dr. O’Neill was arrested on January 19, 2017,  on three new charges.  As stated earlier it appears the sentencing judge in Coumbia County had placed him on a standard felony probation as opposed to the above described sex offender probation.  Although not on sex offender probation, the doctor was still labelled a Florida sex offender with the Florida Department of Law Enforcement and had requirements placed upon him with that designation. The narrative portion of his arrest report states that the doctor had been observed standing on a street corner in Gainesville advertising his business by holding a sign.  His business was apparently teaching piano lessons.  The sign contained a web address. When the officer went to the web address the site contained, according to the officer, a link to the doctor’s email and his cell number.  Further investigation by the officer revealed a Craigslist ad listing the doctor’s services.  Quoted from the arrest report, “The Craigslist ad, the website selling his services, and the contact e-mail are all NOT listed as internet identifiers on the DEF’s sex offender registration form, yet they facilitate communication through the internet, a violation of his conditions. ”  The officer arrested Dr. O’Neill for the three charges in violation of FS 943.0435(2)(4)(D).  Continue reading