Jacksonville’s residents sometimes experience times in their lives where they will be involved with the legal system, either being the victim of a crime or being the accused. However, if one is convicted of that crime, the punishment should not be unreasonable. If something like this has happened to someone, they should contact an experienced attorney to fight the case.
According to Warchant.com, James Wilder Jr., running-back for the FSU Seminoles, has been arrested for violating his probation. The violation stems from a blood alcohol test taken by Wilder, 20, prior to a court-ordered work camp day. Wilder had a .01 blood alcohol content according to his attorney Tim Jansen, which is below the normal legal limit for people under the age of 21. Wilder Jr. is being held without bond.
Jacksonville probation violation cases typically involve someone has wrongfully violated their probation. However, in this case, the purported violation is in many ways hard to prove . Many times in Jacksonville, people may have probation requirements that may seem odd; the difference is that the probation requirements are reasonably connected to the crime that occurred.
Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:
– Reporting to a probation officer
– Community service hours
– Being Prohibited from alcohol consumption
– Restitution payments to victims
– Submitting to drug testing and treatment
– Letters of apology
– Obtaining a job
– Mental health evaluations
– Paying for Supervision costs
– Some jail-time as a condition of probation
– Being prohibited from violating any law
– Being Prohibited from leaving the state
These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. When a person violates that probation, they are not entitled to a monetary bond, even if the crime is a misdemeanor. When the accused goes before the Judge to explain his actions, the accused’s freedom merely hangs on what the Judge thinks about the case.
One problem that Wilder Jr. might face is his prior history with alcohol. This incident marks a new set of alcohol related charges that violated a probationary sentence for a previous misdemeanor. The Judge who initially presided over Wilder Jr.’s case will most likely see this type of violation as a message that Wilder Jr. is unwilling to change.
However, Wilder Jr. has many factors in his case that might prove to resolve his probation without any punishment at all. From the article, it is unclear whether Wilder Jr.’s blood test was done at random or if one of the work camp officials claimed Wilder Jr. smelled of alcohol. Furthermore, a number of different things could cause a .01 blood alcohol content, including swallowing mouthwash after brushing his teeth, that has alcohol in it, or using other normally hygiene-related products that might have alcohol in them.
At this point, there is reasonable doubt whether Wilder Jr. was actually drinking. With the help of an experienced Jacksonville probation violations defense attorney, even if Wilder Jr. had to plea to the violation, his experienced attorney could persuade the Judge to render a much lighter punishment that would involve counseling or a slightly longer probation, rather than just incarceration.
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: James Wilder Jr. arrested for probation violation, Mitch White, Warchant.com