An attorney with The Umansky Law Firm was recently successful in getting a client's felony violation of probation charge dismissed.

The case stemmed from a 2007 grand theft charge where the client was placed on probation. Shortly after being placed on probation, the client was violated for leaving the State of Florida, failing to report to his probation officer, failing to complete the required community service hours, failing to write a letter of apology to the victim in the underlying case, failing to complete an impulse control class, failing to pay restitution and failing to pay all fines and court costs associated with the case.

He contacted our firm in late 2012 and was ready to deal with the issue. A warrant for his arrest had been outstanding for more than 4 years. When the Judge issued the warrant, it was specifically ordered that he be held without bond. Knowing that he may go to prison for several years, the client was obviously extremely concerned.

We arranged a time for the client to turn himself in to the Orange County Jail and were present when he appeared before the Judge 24 hours later. The attorney successfully argued and convinced the Judge to release the client on his own recognizance without having to post any bond.

Immediately upon his release, the attorney was successful in working with the client to ensure he paid his restitution, got caught up with his court costs and fines, wrote a letter of apology to the victim in the underlying case, and successfully completed the impulse control class and all required community service hours.

At the start of the case, his assigned probation officer wanted the client to spend at least 1 year incarcerated for violating his probation. However, the attorney spoke with the probation officer on several occasions and worked closely with her in making sure the client completed all conditions of probation.

The client was scheduled to re-appear in court in late March 2013 where it would be determined what he would ultimately be sentenced to. At the court hearing, the attorney pointed out all of the conditions the client had completed and argued that the violations were only technical in nature and that the client had not picked up any new charges or been arrested since being placed on probation. The attorney also pointed out the fact that the client turned himself in on his own free will and took the probation serious enough to complete and satisfy all outstanding requirements.

After hearing argument, the Judge agreed to dismiss the violation of probation charge and the client was free to leave without any further consequence. This was a true case about second chances.

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Case Results

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Nolle Prosequi-Case Dropped

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Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

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.

Unlawful Speeding

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

DUI with Minor In Car or BAL of .20 or Higher

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

Refuse To Submit To DUI Test (M1)

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

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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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