There are individuals that retain an attorney specifically to file what is sometimes called a "motion to modify probation". One of the most frequently used reasons for motions to modify probation is when a client gets set up with the Department of Corrections, or felony probation. One of the requirements of felony probation with the Department of Corrections is that they maintain stable employment, or go to school. Most of the clients maintain stable employment - the Department of Corrections will actually call your employer to verify that employment. Many of these individuals on probation claim that if the Department of Corrections contacts their employer and tells them they are on probation for a felony, they will be terminated.

This is a very realistic threat and criminal attorneys in Orlando understand this struggle. However, many judges in the central Florida area will allow verification of employment through paystubs. Many attorneys don't get this ordered at the time their clients are put on probation. You can file a motion to modify probation and an attorney can tell your judge that you don't want the Department of Corrections contacting the client's employers. You will state that you would prefer if you will allow the Department of Corrections to verify their employment through their paystubs. This way you can save paystubs with their job and they don't have to worry about being fired, or the employer finding out and unnecessary judgment being passed.

Attorney Lindsey Gergely of The Umansky Law Firm recently prepared a motion to modify probation for a client who had previously plead on one of the first court dates to 24 months of probation. After she first checked in with probation, she was told that they were going to have to call her employer in order to verify her employment. She was very concerned about this because she knew that her particular employer would probably let her go if they found out about her crime. She came to The Umansky Law Firm and retained Attorney Lindsey Gergely, so she was able to file a motion and explain to the court why this was so important. In this particular case, Ms. Gergely had to have a hearing on it, so she went in front of the court and explained what the situation was. The other side said they objected and that her employer should be able to know about this. However, the judge believed the client's side of the story, and because of Attorney Gergely's advocacy for the client, he granted the motion. Therefore, from here on out for the remainder of the 24 months, the client was able to verify that she is working full-time through paystubs and the Department of Corrections didn't have to contact her employer.

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Case Results

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Nolle Prosequi-Case Dropped

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Nolle Prosequi - Case Dropped

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Nolle Prosequi - Case Dropped

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Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

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Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

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No Information Notice - Charges Dropped

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Nolle Prosequi - Case Dropped

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Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

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Case Dropped

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Nolle Prosequi - Case Dropped

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Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

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Dismissed

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Not Guilty

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Case Dropped

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Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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