Violation of Probation Case Dropped

Criminal Defense Attorney Lindsey Gergely got a Violation of Probation case dismissed for lack of jurisdiction by the Court. Client was in federal custody in West Virginia. He was almost eligible for parole, but the outstanding Violation of Probation Warrant was causing him problems being released from Federal Custody. Attorney Gergely filed a Motion to Dismiss for Lack of Jurisdiction in the County Court for Orange County. After talking with the prosecutor for the State of Florida, the Probation Officer, and the Judge, the Judge ultimately granted Attorney Gergely’s Motion. The Violation of Probation Warrant was dismissed, and the client had no further sanctions pertaining to the old case in Orange County.

Limitations of Probation

Being put on probation is seen as giving the individual an opportunity to rehabilitate without going to prison. It is a lighter sentence that allows the individual to remain a member of society but under certain restrictions. The terms of probation are strict, and one must abide by them. Failure to do so may result in a lengthy prison sentence coupled with hefty fines. The reason being is that judge sees a violation of probation to be blatantly disrespectful as he or she could have easily had you imprisoned initially.

Violating probation for the first time often results in a warning ut a second or third violation often results in firm punishments. An individual could also be adhering to all other probation requirements, but merely failing to meet one constitutes as a violation of probation. This is also true for instances when an individual regularly meets probation requirement like checking in with their probation officer and forgets to do it once or multiple times. No matter how much an individual may have mt requirements early on, one violation could ruin any and all progress.

Some of the most common probation requirements include:

  • Completing community service
  • Attending drug, alcohol, or other court-ordered counseling
  • Paying fines
  • Paying restitution to victims
  • Reporting to your probation officer
  • Obtaining and maintaining employment
  • Staying within a specific perimeter, such as your city or town
  • Abstaining from using drugs

If you’ve been charged with a violation of probation in Orange County, Seminole County, Osceola County, or anywhere else in Florida, give the probation lawyers at The Umansky Law Firm a call today at (407)228-3838.

State v. Carl Hicks 1984-CT-83932

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

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

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

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

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

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

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

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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