Probation Violation Case Results (Part 3)

Internal Reference #7021

Facts: Same client as #7020

Charges: Violation of Probation

Result: Motion to Withdraw granted

Internal Reference #7025

Process: The defendant hired another attorney and received 12 months probation after pleading guilty to DUI. There were several conditions of his probation, which he failed to meet. A violation of probation warrant was signed and the defendant had a warrant for his arrest. The defendant hired Mr. Foley and he filed a Motion to Terminate Probation and to Delete the Immobilization and Interlock device form his vehicle. All three motions were granted and the defendant’s probation was terminated.

Result:

1. Motion to Terminate Probation – Granted
2. Motion to delete Immobilization and Interlock Device from vehicle – Granted

Internal Reference #8009

Facts: Violation of Condition (4) – Failing to live and remain at liberty without violating the law. The defendant did commit the offense of Driving While License Suspended

Charges: Violation of Probation

Process: Mr. Foley convinced the state to dismiss the warrant.

Result: Violation of Probation – Dismissed – Probation Terminated

Internal Reference #9012

Facts: Violation of Special Condition (22) – Failing o successfully compete or remain in in Community Control Day Reporting and Reentry Division until the provider determines that treatment is no longer necessary.

Violation of Special Condition (15) – Failing to remain confined to approved residence except for one half hour before and after employment, public service work, treatment, or other activities approved by the officer.

Violation of Condition (1) – Failing to make a full and truthful report to the probation officer on the form provided for that purpose and by failing to report to the probation office as directed.

Violation of Condition (16) – Failing to submit an hourly accounting of all activities on the designated daily activity log to his community control officer upon request.

Recommendation – Sentence the defendant according to the Florida Punishment Code

Alternative Recommendation – This is the defendants second violation for substance abuse since being placed on supervision on November 12 and attending the Day Reporting and Reentry Program The defendant also failed to remain confined as instructed. It is evident that the defendant has a problem with the prescription drugs and could use residential drug treatment. Therefore, if the defendant is found guilty of or admits to the allegations in the affidavit/warrant, then it is respectfully recommended that he be sentenced to new term of six(6) months jail with the following special conditions: residential drug treatment followed by remaining balance of probation.

Charges: Violation of Probation

Result: Violation of Probation – Probation reinstated

Internal Reference #10013

Charges: Violation of Probation

Result: Violation of Probation – Probation reinstated

Internal Reference #10019

Facts: The defendant was in possession of a glass crack pipe, which field-tested positive for cocaine. The glass pipe is used for consumption of the crack cocaine.

Charges: Violation of Probation

Result: Violation of Probation – Probation modified upon completion of jail sentence, probation to terminate. Runs concurrent with case #10018.

Internal Reference #20246

Facts: The defendant was arrested for the charges: battery on law enforcement officer, resisting with violence, and disorderly intoxication. The defendant was adjudicated and sentenced to probation. While on probation, the defendant violated by picking up 2 new charges: resisting officer with violence and disorderly intoxication. The defendant’s family hired Mr. Foley to handle the violation of probation and the new charge of Resisting Officer With Violence and Disorderly Intoxication.

Charges: Violation of Probation – Resisting arrest

Process: The defendant was a previously convicted felon and was facing long-term incarceration. He had violated his current probation by picking up the new charges. The defendant fired his old attorney and hired Mr. Foley. The family contacted him and indicated that they believed that he was innocent and he was injured by overaggressive police. Mr. Foley was retained and the office filed in on the case. He received discovery, set depositions, and the case was set for trial

A very important aspect of this case was that the defendant was sitting in custody and had a severely injured leg. While in the court room, Mr. Foley related to the court the severity of the defendant’s leg and requested that the court recommend medical treatment. Note: the court cannot order medical treatment - they can only recommend it. The defendant could not walk. The facts of the new arrest that led to the violation of probation were defendable. The deposition revealed that the defendant was shouting at police as they manhandled his girlfriend at a club. Because he shouted from a distance, the officer gave him a quick warning, but before he could react, they tackled him, Tazed him, and beat him. During this process, the defendant appeared to have his leg broken as a result of police action. The defendant was in jail and the medical treatment was not sufficient. He defendant needed surgery. The state offered time served. Mr. Foley, as well as the defendant, wanted to prove his innocence, however the defendant desired medical treatment more than his day in court. Therefore he accepted the time served sentence so he could exit the jail and go to a hospital to have the surgery completed.

Results: Violation of Probation – Probation terminated and time served on the new charges.

No Prison, Probation Terminated

Internal Reference #20251

Facts: The client was put on probation after being charged with possession of cocaine and possession of marijuana. The client then violated his probation by failing to undergo a drug/alcohol evaluation and by failing to attend AA (Alcohol Anonymous) meetings.

Charges: Violation of Probation

Process: Mr. Foley negotiated with the probation officer and with the state to reinstate the client’s probation.

Results: Probation Reinstated

No Jail, No Prison

Internal Reference #20259

Facts: The client was put on probation for battery of a law enforcement officer. The client then violated his probation in the following ways:

1. By failing to complete public service hours
2. By failing to pay $35.00 per month toward the cost of supervision
3. By failing to make court cost payments to the probation officer
4. By failing to live and remain at liberty without violating any law by committing a criminal offense
5. By failing to live and remain at liberty without violating any law by committing a criminal offense of DUI Bal>.15
6. By failing to live and remain at liberty without violating any law by committing a criminal offense of driving while driver’s license revoked
7. By failing to comply with all lawful instructions given to him by the probation officer.

Besides these violations, the client picked up new charges which included: 3^rd degree felony DUI, DUI Bal>.15, driving while license suspended, disobey stop yield.

The client hired Mr. Foley on the violation of probation case.

Charges: Violation of Probation - Maximum Penalty: 5 years in prison

Process: Negotiated with state after taking depositions

Results: Violation of Probation – Reinstated and Modified

Added 3 years of probation

Note: Mr. Foley has had numerous cases against this particular DUI officer. In Mr. Foley’s opinion, he is the best DUI officer in the state. Mr. Foley has examined the officer’s reports and actions, both of which are pristine. A rarity that an officer is trained this well. No Jail, No Prison, Probation Reinstated

Internal Reference #20269

Facts: The client was put on probation after being charged with petit theft. The client then violated that probation.

Charges: Violation of Probation

Process: The client hired Mr. Foley from a different state. He was charged with violating his probation 23 years ago, and was unaware of the violation. Upon being hired, Mr. Foley filed a motion to vacate the capias. He then explained to the state that the client was unaware of his violation, and that the client apologizes to the Honorable Court for the failure to appear.

Results: Violation of Probation Terminated and warrant dismissed

No Jail, No Prison, Probation Terminated

Internal Reference #20270

Facts: The client received probation on a case in which he was driving while license was revoked, by not having a valid motorcycle license, and by failure to register motor vehicle.

Charges: Violation of Probation – Driving while license suspended

Process: The defendant was a convicted felon and scored prison time. The client received time served and was reinstated by on previous probation. Afterwards, Mr. Foley assisted the client in obtaining a license.

Results: Violation of Probation – Reinstated

No Jail, No Prison, Probation Reinstated