Legal Question in Criminal Law in Florida

Violation of Probation

I was on my way to probation, stopped at a store to get a soda, and when I came out, my car wouldn't start. I ended up having to have my car towed. I went to probation as soon as my car was fixed, as I didn't have anyone to take me sooner. My PO violated me. On my day of court, I provided a bill showing the date, time, and place my car was towed to, also stating the issue with the car. The judge said that he ''believed'' that there were other reasons that I didn't show up to the office, after the states attorney reminded him that I had been offered 90 days in a drug rehab, to take away 1 of my offenses. The court failed to provide any proof of any other reason. FDOC requested 6 months house arrest, and the judge ordered 90 days in jail, and 2 years house arrest. Can he do that? Would that be considered cruel and unjust punishment, and would house arrest be a violation of my human rights, according to the UDHR est. in1948?


Asked on 11/05/08, 9:22 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Violation of Probation

Unfortunately, the judge didn't buy what you were selling and you lost. That's the way it goes sometimes. As long as your sentence falls within the statute, the Supreme Court has said it is not cruel and unusual punishment.

The Universal Declaration of Human Rights is generally believed to prohibit torture being used on a mass basis by member states (i.e., the U.S.), so it wouldn't apply to you or to the State of Florida. There is even some debate over whether it's binding on the U.S.

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Answered on 11/05/08, 10:23 pm


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