Florida Criminal Attorneys Blog

A sex offender on probation was arrested and charged with robbery, grand theft, and violation of state probation.

After walking up to the counter and presenting a teller with a note demanding money, the teller handed over an undisclosed amount of cash where the suspect then left the building.  A weapon was not displayed and there were no injuries reported.

A description of the suspect was released by the Sheriff's Office, where soon after the suspect had been recognized by a Florida state probation officer.  The suspect was under the supervision of the states probation office as a registered sex offender.

The Florida Department of Law Enforcement maintains a database which contains the names and other information of sexual predators and offenders which is part of the offender's probation requirements.  Sex Offender Probation is designed to enhance the protection of the community and to require counseling for the offender. 

The law provides that those who were previously convicted of violent offenses be immediately returned to prison if they violate their probation, unless a judge rules otherwise.

If you have been charged with a new crime and have been accused of a probations violation, the skilled attorneys at Musca Law will work hard to set the record straight.  Attorneys at Musca Law will diligently investigate the charges against you, aggressively present your case in court and utilize every tool available to protect your rights.  Act now to safeguard your rights by contacting Musca Law.

Collier County, FL.  A twenty-six year old father of four was stopped when an officer noticed a defaced license plate and what appeared to be an illegally tinted window on the vehicle. When a routine check revealed that the license of our Client was suspended for delinquent child support payments, he was arrested for Driving While License Suspended (DWLSR).

At the time of arrest the Client was on probation for Burglary of a Dwelling, Grand Theft and Habitual Driving on a Suspended License.  Therefore, he received additional charges of two Felony Counts of Violation of Probation. If convicted on the Violation of Probation charges, the Client was facing a maximum sentence of 25 years in prison. 

In the State of Florida, there are two types of probation violations, technical and substantive. A technical violation is any violation of either the general, or special, conditions of the probation. Some examples include: failure to pay court costs or fines, missing a probation meeting, or change of address without permission. Substantive violations occur when the probationer commits a new criminal offense. Violation of probation is a serious offense. Penalties for violating probation can result in a judge revoking probation. If a judge revokes probation, Florida law allows the judge to impose the maximum penalty for the charge.

In Florida, as in most states, the failure to pay court ordered child support can give rise to many forms of penalties. A teaching certificate or professional license may be suspended or denied along with other licenses or registrations, like fishing, driving and hunting license. 

 
However, the Florida Statute (FS 322.34) provides that the driver must have actual knowledge that the license was suspended. During his extensive research of the case, the Musca Law Defense Attorney discovered that the Client had no actual knowledge of the child support hearing that lead to the penalty that suspended his license. The Attorney argued, to the

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Charges of Aggravated Assault with a Deadly Weapon placed a Lee County resident on two years probation. His supervision was later transferred to New York State. Apparently, the former Florida resident became involved in another criminal situation and seven months into his probationary period was arrested and charged with Trademark Counterfeiting in the 2nd Degree by New York City police officers. The probation officer in charge of his case submitted a Violation of Probation Report and a warrant was issued by Lee County Court for the defendant's arrest. 

A Violation of Probation (VOP) is much different than being charged with a new crime. Because the defendant has already been sentenced to probation, there is less protection than being charged with a new crime and it is much easier for the State to prove a violation. The individual in violation does not have the right to a trial before a jury and the prosecutor must only prove that the defendant more than likely violated their probation. Finding of guilt in a VOP may result in; the probation period being lengthened or revoked, more conditions added to the probation terms, or the individual facing time in jail.

The charge of Trademark Counterfeiting in New York State was later dismissed. Lee County Criminal Defense Attorneys successfully argued on behalf of the defendant that the warrant should be also dismissed. Because the Counterfeiting charge no longer existed and was the basis of the probation violation, it was demonstrated that the probation should not be revoked and the warrant was dismissed by the Court.