Legal Question in Criminal Law in Florida

My son ws pulled over for speeding and admitted to having marijuana..misdameanor, less than 20 grams, first offence..Was given 125.00 fine, 25 hrs. community service, 4 hr. drug glass..He put it off untill it was too late for him to accomplish these court appointed tasks..He then received 6 months probation, 350.00 fine, 25 hrs. community service, 4 hr. drug class..He was walking the line now..During his first month of probation, his PO had given him a total of 3 UA's..On day 35 of his probation, she tested him and told him she was violating him..He was shocked his UA came back positive..He went to a diagnostics center and payed to have a 5 panel UA done, in which he was informed would stand up in court..The test came back clean..He has been incarcerated for 43 days, went to court 3 days ago and his attorney had not submitted the test into evidence..His father produced the test result and his attorney let the judge know she had the evidence..The probation officer was in attendance and stated the PO Office didn't have the UA tests they had taken any longer..He now has another court date for August 7, 2012..The judge didn't look at the evidence since it had not been previously admitted before the court date..Isn't the burden of proof on the prosecution?..With no proof that he violated from the PO officer, I was fully expecting him to be released on his court date..With or without his proof that he didn't violate..I understand it was incompetence on his attorneys part, however, with no proof of violation in the first place, it turns innocent untill proven guilty into guilty untill proven innocent..Any suggestions?


Asked on 7/21/12, 9:44 am

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

I suggest you talk to his attorney. There could be other legitimate reasons to continue the hearing. It has to be set for an evidentiary hearing in order for a judge to see either the state evidence or defense evidence. Maybe it wasn't set for that. Regardless, talk to the attorney. That is what they are there for.

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Answered on 7/21/12, 9:49 am


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