Some of Jacksonville’s drivers can be very conscious as to the risks they take, and as such, are more courteous than others. However, there are those who do take risks that lead to probation. If one has been charged with violating one’s probation, one should contact an experienced attorney to fight for one’s rights.
According to the ABA Journal, Emilio Santacruz, an epileptic man has been given a sentence of nine years in prison for violating his probation by obtaining a driver’s license. This sentence is the result of his original probation requirements of never driving again and revocation of his original driver’s license. Santacruz said that the only reason he obtained a new license after the old one was revoked was because he needed a driver’s license for his job. The judge disagreed.
Jacksonville probation cases can stem from simple violations that the person on probation probably did not know about or was mistaken about. Others can stem from direct violations not only explicit clauses of one’s probation, but direct violations of other laws themselves. No matter what the case, one should not have to suffer tremendously for violations of probation.
Probation typically involves some sort of court order to refrain from a particular action or remain free from breaking any laws. However, when the legal system fears that a person is a danger to society, the particular judge rendering the probation may require that the person not do a normal, commonly safe activity. In Santacruz’s case, that activity would be driving.
Santacruz was involved an unfortunate accident that resulted in the death of a woman in 2002. What caused the accident was Santacruz’s unfortunate onset of an epileptic seizure which caused Santacruz to lose control of his vehicle. His doctor had told him not to drive, but Santacruz did not think his condition was that serious. However, the first judge Santacruz went before did, pulling his license and forbidding him to drive.
Most courts accept the defense of a medical condition such as epilepsy if the accused did not know they had epilepsy previously. However, Santacruz was aware of this fact. In 2008, against his probation, he obtained a new license. Because of this violation, he received a nine year sentence. If Santacruz had obtained an experienced Jacksonville probation attorney, his attorney would have been able to provide a top-of-the-line defense to his violation.
Santacruz’s reason for obtaining the new license was for his job. Most employers require that one have a driver’s license in order to be hired for the job. Santacruz has a wife and children. As a husband and father, Santacruz has to put food on the table and if he cannot obtain a job because of a lack of a driver’s license, he cannot support his family.
Furthermore, an experienced attorney has the knowledge and skills in how to deal with particular judges like this. An attorney that has gone before that particular judge knows what and how that judge thinks and as a result, may be able to predict not only what the outcome will be for the accused, but may be better able to present a defense that that particular Judge will be more sympathetic towards and more willing to accept.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade 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: Epileptic Driver in Fatal Crash Gets Nine-Year Sentence for Violating Probation by Driving, Mark Hansen, ABA Journal