Because the man was arrested for a new law violation while on probation, his Duval County sex offender probation is going to be violated. Even though he now has a $500,000 bond on the new sex charge, the bond for the violation of probation will almost surely be NONE. That means once arrested on the violation, he cannot bond out at all. When you are on probation in Jacksonville and are arrested on any new charge, you can be violated if the new arrest was based on probable cause. That means that more likely than not, the arresting officer believed a crime was committed. The man is on probation for sexual battery of a minor, which is a first degree felony. That means he is facing up to thirty years in prison if he is found in violation of his probation. This possible sentence does not include the new charge.

The new sex charge is sexual battery, which is a second degree felony in Florida. If filed, this charge carries a maximum of fifteen years in prison. Sexual battery, also referred to as rape, is usually a he said/she said. That appears to be the situation in this case, although police claim the man denied any sexual contact with the woman. This presents a problem if his semen was in fact found on her pants. The fact that the man is a registered sex predator is going to hurt his credibility with prosecutors assigned to make the decision on whether or not to file the new charge.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

People who are arrested on misdemeanor charges in Clay County are often sentenced to do some form of community service, often times as part of his or her probation. In other cases, it can be one of the conditions that the defendant must meet to have an adjudication withheld in the case. One question this case brings up is whether or not the people who paid Eble rather than do their own community service would be subject to any punishment. Technically, if someone is assigned to probation and does not complete the community service, that would constitute a Clay County violation of probation. If someone violates their probation, they could get the full sentence for the previous crime. So, for example, if someone was on probation for a charge that had a maximum of a year in the county jail, the defendant could now be sentenced to a year in jail.

In this case, it is probably more likely that the state will choose to use the people who paid the bribes as witnesses against Eble and not pursue Clay County criminal charges against them. Could the state insist the people actually complete the community service this time? Maybe. But the state is probably more likely to look at them as victims in a case like this. Community service is an important component of sentences for Clay County misdemeanor cases, and our Clay County Probation Attorney has had hundreds of clients who have done their required hours. The state needs to ensure the public that it is above board and not influenced by people like Eble, and will likely pursue the case against Eble aggressively. One key to Eble’s case will be who initiated the discussion about the bribery. If it was Eble, and there are several people who say so, his case has some serious problems. White collar crime defenses can be difficult because, similar to Eble’s cases, there is generally a pattern of activity before police get involved, which can lead to a string of witnesses that could look damaging at trial. But, it’s also possible that he developed a reputation for providing this service, so to speak, and people sought him out. That could also open up the possibility for probation violations against those who paid the bribes.

If you or a loved one needs a Probation Attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Duval County Probation Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When you attend your first probation appointment in Duval County, you must have government issued identification. This includes a driver’s license, Florida Identification card, military identification, social security card, birth certificate, passport, voter’s registration card, school identification and alien registration cards. You must also show proof of residence, which includes rental agreements, receipts, mortgage payment slips, deeds and utility bills. Proof of employment can be verified through pay stubs or tax return. If you are unemployed, you must fill out forms supplied by the Jacksonville probation office.

In addition to these general conditions, certain Florida crimes carry other “special” conditions that must be completed. If you are placed on DUI probation in Jacksonville, you must complete DUI school and complete any recommended drug or alcohol treatment as deemed necessary by an assessment counselor, immobilize your vehicle by surrendering your keys and tag or getting a boot on your car and attend the Mothers Against Drunk Driving Victim’s Impact Panel. If you are placed on Domestic Battery Probation in Jacksonville, you must enroll in and complete the Batterers’ Intervention Program, which includes 26 weeks of anger management classes.

If you have had your probation violated in Duval, Clay or Nassau County, call our Jacksonville Probation Violation Attorney, Victoria “Tori” Mussallem at (904) 365-5200 for a FREE CONSULTATION. Often times, our Jacksonville Probation Law Firm is able to get you back on the judge’s calendar without you having to turn yourself in on the violation. Sometimes the probation officer has violated you in error. Whatever the circumstance, it is important to consult with an experienced Violation of Probation Attorney in Duval County. The Mussallem Law Firm is here to help, 24 hours a day, 7 days a week.

In order to violate your probation, the facts of your case must demonstrate a willful and substantial violation that the prosecutor must prove by a greater weight of the evidence, or more than 50%. In a recent Florida case, man was placed on sex offender probation and violated because he was late for his curfew by 30 minutes. If you are placed on sex crime probation in Jacksonville or anywhere in Florida, there are multiple special conditions placed on you, including attending mandatory sex offender counseling, prohibited computer access, restrictions on where you can live, keeping driving logs and observing a curfew. The court, when determining whether this 30 minute violation was willful and substantial, the court must decide whether this violation indicates that probation will not work for this person. At the time of this Florida violation, the man had completed almost two years of his probation without incident. He was not charged with any new law violations and was not arrested for any other crimes. Other than being 30 minutes late, the man was otherwise compliant with all terms and conditions imposed on him. Because of these facts, the appellate court found that there was no basis for the conclusion that the probationer was unfit for probation and the revocation was unfair on these facts.

If you have been arrested in Jacksonville, Clay County or Nassau County on a violation of probation, call our Northeast Florida Probation Attorney, Victoria “Tori” Mussallem, at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Criminal Attorney is available 24 hours a day, 7 days a week to discuss your case.

What’s significant about this case is that he was on probation from a different state at the time he was arrested. That could cause problems down the road for him. Probation violations in Jacksonville are somewhat common and can range from minor violations to new arrests that lead to extensive prison time for defendants. An experienced Jacksonville criminal defense attorney can seek to secure a plea deal that calls for less probation time and can sometimes help defendants avoid terms that could cause future legal problems. Probation is not a free ride. Some defendants prefer jail time to probation for that very reason. If you get in trouble again, you could find yourself facing time on two crimes instead of just the penalties attached to the new charge.

In Florida, if a defendant is placed on probation and then violates the terms of the probation, the judge can, in turn, sentence the defendant to the maximum punishment for the charge. So, in the case of a third-degree felony, 5 years, second-degree felony, 15 years and a first-degree felony, 30 years to life.

That doesn’t necessarily happen every time, but the judge has that discretion. And the re-sentencing can happen even for a minor violation, such as not informing the probation officer of a change of address or not proving you have sought employment, if that’s a condition of the probation. Conditions also include not getting arrested or convicted of a new charge.

In this case, the basketball player was arrested in April in St. Augustine after he and a teammate were in the parking lot of a restaurant at 2 a.m. where employees reporting a car burglary. The plea was to a reduced criminal trespassing charge and the agreement calls for 200 hours of community service, completion of a substance abuse evaluation, $240 in restitution, a letter of apology and fines and fees. He also can’t consume alcohol or drugs.

But he is also serving two years of probation in South Dakota after he faced a charge of inhabiting a room where drugs were knowingly kept and used. The newspaper reports he gave a teammate with an injury a leftover pain reliever he had received via prescription.

The newspaper reported that South Dakota prosecutors weren’t available to comment on how the agreement could affect his probation. St.Johns County officials said that jail time may be a possibility.

When multiple states are involved in a defendant’s situation, it can certainly complicate things. But it may be an advantage, as well. If the probation violation is minor, another state may decide not to pursue bringing the defendant back to that state to deal with it. Whereas if the conviction and violation happen in the same county, officials may be less merciful.

As mentioned earlier, some defendants actually prefer jail or prison time to probation if they believe they are unable to satisfy all the conditions the state wants. Also, probation is expensive. A defendant must make monthly payments and failure to pay can also be considered a violation. Any small mess-up can land a person in jail or prison anyway.

Consulting with an experienced Jacksonville criminal defense attorney is important to help you determine the best course of action regarding probation vs. incarceration. more If you need a criminal defense attorney in Jacksonville or the surrounding area, call Mussallem and Associate, PA at 904-365-5200 for a free consultation.

More Blog Entries:

Casey Anthony and Florida Probation: August 30, 2011 Additional Resources:

Florida basketball player Cody Larson accepts deferred prosecution agreement, by Michael DiRocco, The Florida Times-Union

Ms. Anthony has been sentenced to 1 year on Florida probation and is supposed to look for a job or go back to school. When you are placed on probation in Jacksonville or anywhere in Florida, there are certain requirements and prohibitions. You have to report to probation on a monthly basis and must pay for the cost of your supervision. The cost is around $60.00 per month. When you are placed on probation in Jacksonville, you have less rights than the normal citizen. The probation officer can come to your home at any hour and search it. You are also subject to drug tests and prohibited from being around anyone who is or could be committing any crime. You are also restricted on where you can go. Usually, you cannot leave the county you are on probation to without the permission of your judge.

In addition to the previous standard conditions, “special” conditions can be imposed on your probation depending on the crime you plea to. For example, if you are put on probation for a first DUI in Jacksonville, there are certain minimum mandatory conditions you must complete on probation. Some special conditions of DUI probation in Jacksonville are that you must complete DUI school level one, complete the Mothers Against Drunk Driving Victim Impact Panel, and impound your car for ten days. If you are placed on Domestic Battery probation in Jacksonville, you will be required to complete the Batterers’ Intervention Program, which is a 26 week class.

If you have any questions about probation in Jacksonville or anywhere in Florida, call our Jacksonville Probation Attorney at (904) 365-5200 for a free consultation. Our Jacksonville Criminal Defense Lawyer is available 24 hours a day 7 days a week.