How a Practical Approach Won a Motion to Modify Probation

florida probationThe Umansky Law Firm recently won a case in which we sought a modification to our client’s probation order. We requested the deletion of unnecessarily required participation in a two-year-long drug treatment program. This case emphasizes the importance of hiring an experienced attorney when filing appeals and post-conviction modifications.

State v. 2009-CF-012432-A-O

Our client had become addicted to hydrocodone following an accident and began writing himself prescriptions. The State of Florida charged him with four counts of drug trafficking because state legal limits on any opiate are extremely low. He worked out an agreement which included over a decade of community control and probation at the time of this initial conviction.

While on probation, our client violated the terms he agreed to but managed to get these violations dismissed. Eventually, he incurred one violation that resulted in a five-year prison sentence. In addition to this time behind bars, he had three years of probation and required participation in the Phoenix House treatment program upon his release. This drug program involves two years of intensive residential treatment.

Near the end of our client’s incarceration, he participated in a work-release program through the Department of Corrections. Anticipating his release, the employer he worked for offered him a local job that would keep him near his family – a position our client couldn’t accept if he was required to stay at the faraway Phoenix House for two years. Complicating matters, our client no had been free of a drug problem for a decade, so the Phoenix House program was unnecessary.

Fighting for a Better Future

During the previous five years, our client had been filing numerous unrepresented appeals and post-conviction relief motions without success to the annoyance of the Court. He hired us to reattempt to have the probation condition of the Phoenix House program removed from his requirements. This would be especially challenging since his probation officer opposed this move because he felt our client had an alcohol problem. This same officer later appeared at the hearing to testify against our motion.

Despite these challenges, our seasoned legal team approached the court asking for this modification using a logical and truthful explanation of our client’s situation. This convinced the court to grant our motion even though the State and probation officer vigorously objected. Our well-thought out reasoning and knowledgeable approach towards this case demonstrated the importance of using an attorney when making appeals and post-conviction filings with the Court.

Prescription Drugs Fraud Charges

Writing false prescriptions is a serious crime with severe consequences that will follow you for the rest of your life. Our client’s original charges fell in line with State Statute 893.13(6) regarding possession of controlled substances.

Individuals who violate this law face a variety of consequences depending on the circumstances surrounding the charge. In our client’s case, he faced:

  • Up to 5 years in prison
  • Up to 5 years probation
  • Up to $5,000 in fines
  • Imposed drug treatment participation

Avoid Violating Probationary Terms

It’s critical to meet all probationary requirements ordered by the Court. Failure to do so risks having the original sentencing of jail time reinstated. This means loss of freedom, family, and finances for the defendant. If you are at risk of a probation violation, seek the advice of an experienced attorney immediately. Do not wait until you commit a violation because it will cause the court to take a less reasonable view of your case.

Hire a Knowledgeable Orlando Drug Defense Lawyer

If you or a loved one needs a modification to your probation or other post-conviction relief, don’t put yourself through the disappointment of rejection after rejection from the Court. The legal team at The Umansky Law Firm helps those convicted of a crime to appeal additional court-ordered requirements that bring no benefit.

Contact our offices today and put our over 100 years of combined experience to work for you. We work tirelessly to protect your rights, family, and future when negotiating with state prosecutors and understand their approach toward drug conviction cases. As former prosecutors, we know how to pursue modifications and appeals in Orlando. Call us right away at (407) 228-3838 for a free case evaluation.