Probation Violation Case Results (Part 2)

Internal Reference #3001

Facts: Violation of Condition (L-1) of the Order of Probation: by 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 P. states that the offender failed to report as directed.

Violation of Condition (L-7) of the Order of Probation: by failing to pay the State of Florida the amount of $50.00 per month toward cost of supervision, plus a 4% surcharge. Officer P. states offender is $237.59 in arrears.

Violation of Condition (K.1) of the Order of Probation: by changing his residence without first procuring the consent of the probation officer, and as grounds for belief that the offender violated his probation, Office C. states that the offender did move from his last known place of residence without procuring the consent of the probation officer and his current whereabouts is unknown.

Recommendation: Offenders placed on supervision by the court: Sentence the offender in accordance with the Florida Sentencing Guidelines or Florida Criminal Punishment Code. The scoresheet sentencing range is provided by the State Attorney’s Office as required by Section 921.0024(3), Florida Statutes.

Alternative recommendation: If the sentencing range indicates a non-state prison sentence, or should the court elect to depart from the recommended Florida Sentencing Guidelines or Florida Criminal Punishment Code, the following alternative recommendation is provided for the court’s consideration: Based on the absconder status, the offender is not amenable to probation; revoke the probation and sentence to one hundred eighty (180) days Broward County Jail.

Charges: Violation of Probation

Result: Violation of Probation – Probation reinstated

No jail and no prison

Internal Reference #3014

Facts: Violation of Special Condition (1.7) of the Order of Probation: Failing to complete public service hours, as directed by the court. Officer H states that the defendant failed to provide truthful documentation of public service hours

Circumstances: On August 22, the defendant appeared before the court in reference to modifying his probation to administrative probation. The modification was granted contingent upon the defendant providing proof of community service hours in lieu of court cost, and an administrative fee of $52.0 be paid by the defendant. On August 24, a community service confirmation form was faxed to the probation office by the defendant stating that he has completed 100 community service hours. The officer called the place that the defendant claimed he completed community service hours at to verify the hours and spoke with a man who is named on the form as being the Supervisor in charge of the community service hours. The man stated that the location does not provide community service for any offenders, only students. After the officer informed him that the form bared his name and signature, he asked that the form be faxed to verify if the signature is his. The officer did fax the said form and was informed by the man that the form is not a form that there agency uses and that the signature was not his.

Charges: Violation of Probation

Results: Violation of Probation – Probation reinstated.

Internal Reference #3017

Facts: The defendant was charged with a Violation of Probation

Results: Defendant reinstated

No Jail, No Prison, No Conviction

Internal Reference #4004

Charges: Violation of Probation

Process: Mr. Foley filed a Motion to Quash the Violation, which was granted by the judge.

Result: Violation of Probation – Dismissed

All Charges Dismissed

Internal Reference #4011

Charges: Violation of Probation

Result: Violation of Probation – Probation Reinstated

Internal Reference #5013

Facts: Officer responded to violent domestic violence call. Upon arrival, officer saw ∆ breaking back sliding glass window with chair. ∆ threw the chair down and began to charge at officers. The ∆ was actively resisting by taking a fighting stance, closing his fists, and dove toward Officer H.’s legs. Fearing for the safety of himself and Officer H, the officer sprayed the ∆ with chemical spray. Officers were able to put ∆ into custody, at which point he stated, “Man, wait till I get out. I don’t give a fuck. I’ll shoot ya’ll motherfuckers. I ain’t got nothing to live for. I don’t give a fuck Wait till I get out.” The victim stated her son, ∆, was drunk and started to go “crazy.” She stated he started a fistfight with his sister. Victim stated ∆ had lived with her for over a year, since he had been released from prison and was put on probation. Victim stated ∆ threw rocks into the dwelling where her daughter, son , husband, and grandson were staying. First rescue came to decontaminate the ∆. Officer transported ∆ to jail.

Process: Expert said ∆ would be amenable to rehab + treatment for depression.

Charges:

1. Battery (simple domestic) (784.03-1a1) Misdemeanor
2. Violation of probation (948.06)
3. Criminal mischief (806.13-1b2) Misdemeanor
4. Throwing a deadly missile (790.19) Felony Second Degree
5. Corruption by threat against law enforcement officer (838.021-3b) Felony
6. Resisting with violence (843.01) Felony

Result:

1. Battery (simple domestic) (784.03-1a1) - Dismissed
2. Violation of probation (948.06) - Dismissed
3. Criminal mischief (806.13-1b2) - Dismissed
4. Throwing a deadly missile (790.19) – Dismissed
5. Corruption by threat against law enforcement officer (838.021-3b) - Dismissed
6. Resisting with violence (843.01) – Reduced to Misdemeanor Resisting Without Violence, Withhold Adjudication and Court Costs

No prison or jail time no Conviction

Internal Reference #5014

Process: Same ∆ as 5013.

Charges: Probation violation (948.06)

Result: Probation violation (948.06) – Probation Reinstated

Internal Reference #6007

Charges: Violation of probation

Result: Violations were dismissed. Probation successfully terminated.

Internal Reference #6011, 6012, 6013 all same defendant

Facts: The defendant was driving on a DUI revocation. Mr. Foley convinced the judge to allow the defendant to do weekend jail. Probation was revoked and terminated.

Charges: Violation of probation

Result: Violation of probation – 20 days jail

Internal Reference #6012

Facts: ∆ did forcibly restrain and imprison the victim without consent or lawful authority. The ∆ refused to allow the victim to exit her vehicle, despite repeated demands of the victim to be allowed to exit her vehicle. The victim as able to exit her vehicle only after the ∆ slowed the vehicle to par at their residence. The victim ran towards a neighbor’s residence and pled for the ∆ to return her car keys and allow her to leave. The ∆ then forcibly grabbed the victim and carried her across the street, as the victim fought to escape and screamed for help. The victim physically resisted the ∆ by scratching, biting and hitting the ∆, however, the ∆ grabbed the victim by the hair and clothing and threw the victim into their residence. The ∆ then threw the victim’s car keys out of the residence and closed the door of the residence. The ∆ then forced the victim to the bedroom and demanded the victim to lay down. Upon the arrival of the police, witnesses directed this officer to the residence shared by the victim and ∆. As police officers knocked and announced their presence, the ∆ exited the bedroom and stood in the living room, as the victim then fled from the bedroom screaming “I hope it’s the police.” The victim then ran out the front door of the residence. The ∆, who could be observed through the living room window, exited the residence shortly thereafter.

Process: Victim signed request for waiver of prosecution and Mr. Foley convinced the state not to file charges.

Charges: False imprisonment (787.02-1A)

Result: False imprisonment (787.02-1A) – Dismissed

Dismissed

Internal Reference #6013

Facts: The defendant was arrested for driving with a revoked/suspended license from a recent DUI case. The defendant received 20 days of county jail on both the violation of probation on the DUI and the new charge of driving while license suspended.

Charges: Driving with suspended license w/ knowledge

Result: Driving with suspended license w/ knowledge – no contest, Adjudicated Guilty, 20 days in jail

Internal Reference #7001

Charges: Violation of Probation

Results: Motion to Withdraw granted

Internal Reference #7003B

Facts: The defendant hired Mr. Foley to file a Motion to Terminate Probation and a Motion to Travel

Results: The Motion to Terminate Probation was denied because the defendant was ineligible. The Motion To Travel was granted.

Internal Reference #7013

Facts: The defendant hired Mr. Foley for his probation to be changed from Drug Offender Probation to Administration Probation

Result: Mr. Foley filed an Emergency Motion to Modify Probation by changing it from Drug Offender Probation to Administrative Probation, which was granted.

Internal Reference #7020

Charges: Violation of Probation

Result: Motion to Withdraw granted