Legal Question in Criminal Law in Florida

My friends 19 yr old son (A.J.) & his friends were at a mud hold in Florida about 3 years ago were a big fight broke out between him, his friends and another party. Someone at the mudhole shot a gun into the air so everyone jumped into their vehicles and started leaving. AJ ended up hitting one of the other parties vehicles. They went to court and AJ was placed on probation. Everything was going good he pays his monthly fees like he's suposed to. 5 months ago he was pulled over and got a ticket for speeding. He paid the ticket however when he went to pay it he was 1 day late so his license were suspended but hewent in front of a judge and the judge ordered the suspension to as adjudication withheld because he saw proof that aj paid the ticket. Well that very night he got pulled again this time because he had been hauling some bails of hey and some of the hay was blowing out of the back of the truck. The officer told him his license was suspended but AJ showed proof of paying the ticket and the officer let him go. AJ thought all was good. Well now 5 months later he received a new probation officer wh apparently looked in his file and noticed he got a ticket 5 months ago and had him arrested this past saturday for violation of probation because of the ticket from 5 months ago. So now the state attorny is recommending at least 19 months in prison. How can they wait 5 months to have him arrested? He has had 2 other probation officers since the ticket 5 months ago. They won't allow him to bail out and have set a court date for I believe July 11th for his sentencing. They don't want to offer a plea bargain or what ever it's called. How can they violate him for this.


Asked on 6/25/10, 2:34 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

They could violate him for the criminal traffic offense of driving on a suspended license. However, it sounds like what he did was not a willful violation of probation, which is what is required for the judge to revoke his probation and send him to prison. There is no requirement that they plea bargain with him, but the state is required to prove a willful violation by a preponderance of the evidence. He needs an attorney who will hold the state to their burden and make them prove a willful violation or else dismiss the VOP. Bottom line, get an attorney.

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Answered on 6/25/10, 9:15 pm


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