Probation Violation Case Results

Internal Reference #1005

Facts: Defendant was arrested for False ID given to Law Enforcement Officer, when arrested he had an active warrant for another case pending, and was on probation for DUI above 2.0.

Additionally, Defendant violated probation and a warrant was issued for the following:

1. Submit prescribed written monthly reports each month to his Probation Specialist. He failed to submit reports for the months of July and August.

2. Failed to comply with the instructions of Probation Specialist, who ordered he report to probation on 7/30 at 11:00 A.m. and as of 8/24/, he has failed to comply with this instruction.

3. Failure to comply with the instructions of Probation Specialist, who ordered (by letter) that he report to probation on 8/23/) at 12:00 P.M. and as of 8/24/, he has failed to comply with this instruction

4. Failing to contribute $75 per month toward the cost of supervision and rehabilitation, in Florida. He is $450 in arrears with said payments.

5. Failing to pay his fine of $500, court costs of $26, surcharge of $50 victim cost of $50, criminal justice surcharge of $60, AC fee of $65, CSTF fee of $20, CFF fee of $30, EMTF fee of $135, RS fee of $3, TC fee of $2, to the clerk of the county court in Florida.

6. Failure to obtain interview/ evaluation by a licensed DUI school at his own expense in Florida

7. Failing to complete the ten days vehicle immobilization, in that, in Florida

8. Failing to complete 50 hours of Community Service as directed by the Probation Office in Florida.

Result: At the First hearing on the Violation of probation, the defendant had 23 days already in jail. Mr. Foley secured 35 days total, including termination of probation on the DUI case.

Internal Reference #1006

Facts: Defendant charged with:

• (2) Dealing in stolen property
• (2) False verif ownership pawnshop
• (1) Possession of weapon convicted felon
• (1) Battery
• (1) Uttering a forged instrument
• (1) Grand theft in the 3 ^rd degree

Defendant probation violations:

1. Failing to make a full and truthful report to probation officer on February 17 ^th
2. Failing to make restitution payments to probation officer
3. Changing his residence without first procuring the consent of the probation officer
4. Failing to live and remain at liberty without violating any law by committing the criminal offense of Aggravated Assault
5. Failing to comply with all instructions given to him by the probation officer

Result: The Defendant could have been sentenced to a maximum of 60 years in prison. The department of corrections recommended that probation be removed and the defendant be sentenced to 5 years in prison. The win in this case was that the final decision was 2 years community control (probation).

Internal Reference #1037

Facts: The defendant was incarcerated in another state due to numerous other convictions. The defendant was facing six years on a violation of probation and scored mandatory prison time in Florida. Mr. Foley filed in on the case, contacted the state, and set up a meeting with the judge to discuss an alternative to closing out this case.

Results: Rather then extradite the defendant to Florida, we were able to negotiate a sentence that would run concurrent with the defendants other sentences for which he was already incarcerated. The defendant was already a multiple convicted felon and was sitting in prison in another state. By running the Florida case concurrent with the cases the defendant was already in prison for, allowed the defendant to complete his sentence and be released on all charges simultaneously.

Internal Reference #1048b

Facts: Violation of Condition(K.5) by failing to live and remain at liberty without violating any law. The defendant was In possession of a controlled substance, to-wit: Cocaine as shown by analysis of a urine sample obtained from the offender and confirmed by a toxicology service

Violation of Condition(L.2) by failing to promptly and truthfully answer all inquires directed to the defendant by the drug offender probation officer. The defendant did answer untruthfully an inquiry by the probation officer as to whether she had used Cocaine, which she denied, which has proven to be untruth.

Recommendation: 364 days in county jail.

Alternative recommendation: 6 Months in jail and 6 months residential drug treatment and aftercare.

Result: While waiting for the court date, the defendant entered a 30-day drug program and the defendant was reinstated back on probation with the special condition that they receive a drug evaluation and any follow up treatment.

Internal Reference #1058

Facts:

(K.5) Failing to live and remain at liberty without violating any law

(L.2) Failing to promptly and truthfully answer all inquires directed to the offender by the drug offender probation officer.

On July 7, the defendant submitted to a drug test at the probation office, after calling both myself and my supervisor requesting to change her appointment to another day, using the excuse that her husband was not available to stay home wit her nine and eleven year old while she reported. It should be noted that she was provided this appointment on June 6. After submitting to the positive drug test, she denied using Cocaine after this officer’s inquiry. Said sample was sent to Toxicology for confirmation. On July 15, the defendant confirmed the positive results for the presence of Cocaine at 899 ng/ml with a cutoff of 150 ng/ml.

Recommendation: This is the defendants’ second violation for using Cocaine. She was instated in March 2011. It is apparent that she has a problem with indulging in illegal substances. This officer recommends a warrant be issued in this case and the defendant be sentenced in accordance with the Florida Criminal Punishment Code. Drug Offender Probation is not a feasible recommendation as the defendant continues to use Cocaine while attending drug treatment. Therefore, this officer recommends revocation of the same with a period of 364 days in jail imposed.

Results: The family of the defendant retained Mr. Foley. The defendant t was reinstated to drug offender probation. The state attorney requested that the defendant complete the 30-day SAP program. The defendant had already completed the SAP program and therefore was released from jail immediately.

Internal Reference #1073

Facts: The defendant was charged with Violation of Probation.

Results: Mr. Foley withdrew from the case for lack of communication with the client and failure to pay.

Internal Reference #1085

Facts: The defendant violated his probation by being arrested and charged with Possession of Cocaine and Possession Of Drug Paraphernalia

Result: The defendant’s probation was reinstated and was modified to Administrative Probation, which does not require the defendant to report to his probation officer.

Internal Reference #1099

Facts: The defendant hired Mr. Foley in order to receive a early termination of probation.

Results: Mr. Foley filed a motion to the court for an early termination of probation for the defendant and the motion was granted.

Internal Reference #1105

Facts: The defendant hired Mr. Foley to have his probation changed to mail-in probation due to his residence in another state.

Results: Mr. Foley filed a motion to have the probation terms changed to mail-in, which was granted

Internal Reference #1109

Facts: The defendant was charged for Violation of Probation after committing the crimes of Burglary of a Unoccupied Dwelling (810.023(b)) and Petit Theft (812.014(2)(e).

Results: Mr. Foley filed a Motion to Withdraw, which was ultimately granted.

Internal Reference #1156

Facts: The defendant was charged with Violation of Probation

Results: It took 20 days to get a court date. Mr. Foley negotiated a sentence with the state attorney for time served and to terminate probation. Case Over. The defendant had already been adjudicated guilty on the underlining case.

Internal Reference #1160

Facts: Violation of Condition(1.1) Order of Drug Offenders Probation, by failing to file a Written Monthly Report no later then the fifth day of each and every month.

Violation of Condition(1.3) Order of Drug Offender Probation, by failing to follow carefully both the letter and spirit of valid instructions given him by a duly authorized probation officer

Violation of Condition(1.4) Order of Drug Offender Probation, by failing to enter the Spectrum Programs drug treatment program within 20 days of sentencing.

Violation of Condition(1.1) by failing to file a Written Monthly Report no later than the fifth day of each and every month.

Recommendation: Sentence the offender in accordance with the Florida Sentencing Guidelines or Florida Criminal Punishment Code. The score sheet sentencing range is not available at this time. This office requests that a warrant be issued at this time. If the defendant pleads to or is found guilty of Violation of Drug Offender Probation, this officer recommends that the defendant’s probation be revoked and he be sentenced to 36 months Florida State Prison.

Results: After being retained, Mr. Foley was successful in having the defendant’s probation reinstated . The win in this case was that the defendant avoided the probation officers recommendation of 36 months in Florida State Prison.

Internal Reference #1099

Facts: The defendant hired Mr. Foley in order to receive a early termination of probation.

Results: Mr. Foley filed a motion to the court for an early termination of probation for the defendant and the motion was granted.

Internal Reference #2018

Facts: The Defendant was placed on probation for Felony Driving While License Suspended and Misdemeanor Marijuana. The Defendant

Violation of Condition(L.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. Officer C states that the defendant failed to report as directed for the month of June.

Violation of Condition(L.3) – By failing to comply with all lawful instructions given to the defendant by the probation officer. The defendant was instructed to report to the officer and the defendant did fail to carry out this instruction by Officer C

Violation of Condition(L.7) – Failing to pay the State of Florida the amount of $50.00 per month toward cost of supervision, plus a 4% surcharge, unless otherwise exempted. Officer C states that the defendant is $600.00 in arrears as of July 6.

Violation of Condition(K.1) – Changing his residence without first procuring the consent of the probation officer. Officer C states that on or about July 28, the offender did move from his last known place of residence without procuring the consent of the probation officer.

Result: The defendant had already been convicted prior to Mr. Foley taking the case. The defendant was sitting in jail serving a 44-day sentence. After being retained, Mr. Foley got the defendant 44 days time served and the defendant was released from jail.

Internal Reference #2021

Facts: The defendant hired Mr. Foley for an Early Termination of Probation

Result: Mr. Foley filed a Motion for an Early Termination of Probation, which was granted.