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Forum: The Other Side
Thread (Discussion): Felon on probation gets 6 years
Message 174182
Posted by orolan
on Mar 03, 2006 03:31 AM | Also by orolan
| Gender: Male,
Age Bracket: 30 - 39,
State: N/A,
Country: United States |
...after not checking in during Wilma
What about it, fellow offenders?:
"He made the choice between his family in the street or his freedom,"
The entire article tells you just how screwed up Florida's probation system really is. The guy reported multiple times but never got to see a PO. He tried calling his PO, who was probably safe in upstate New York and didn't really give a crap about this offender and his family.
Pretty much says it all:
"A lot of defendants don't understand that probation is almost cruel in the way it's set up for them to fail," she said.
http://www.kansascity.com/mld/kansascity/news/nation/13973108.htm
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Message 174229 (In Reply to Message 174182)
Posted by june5
on Mar 03, 2006 11:05 PM | Also by june5
| Gender: Female,
Age Bracket: N/A,
State: N/A,
Country: United States |
This doesn't make any sense. I realize that there are conditions that need to be followed but why throw a guy in prison for 6 years for something like this? They should save these kinds of sentences for people who commit ACTUAL crimes while on probation.
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Message 174255 (In Reply to Message 174182)
Posted by DoTheCrimeDoTheTime
on Mar 04, 2006 03:57 AM | Also by DoTheCrimeDoTheTime
| Gender: N/A,
Age Bracket: N/A,
State: Florida,
Country: United States |
he was arrested in Hollywood for armed kidnapping and robbery while armed with a deadly weapon
This isn't a simple possession of marijuana case. From these offenses alone, he scored mandatory prison and probably was given probation (something that is not guaranteed by the state laws or constitution) after a departure hearing and the judge found just cause to put him on probation. You screw that up, thats it. End of story.
After violating and being returend to probation, and serving a 6 months jail sentence should have been his wake up call.
What's the problem here??????
DTCDTT
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Message 174285 (In Reply to Message 174229)
Posted by orolan
on Mar 04, 2006 02:32 PM | Also by orolan
| Gender: Male,
Age Bracket: N/A,
State: N/A,
Country: United States |
I realize that there are conditions that need to be followed
Sure there are. But when one of the conditions is to report to your PO but your PO never comes to work who should be in jail? The offender? Or the PO?
Florida case law requires a 'willful and intentional' act for a violation. It's readily apparent that this offender did not purposely evade reporting. On the contrary he went far above and beyond what he should have had to do.
Thing about conditions. The offender has a duty to report. By extension that means the PO has a duty to be there to take the report. PO's forget that, the fact that the law requires the offender to obey conditions but with that comes a responsibility on the PO's part to allow it.
The PO needs to be the one doing 6 years. For defrauding the state.
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Message 174321 (In Reply to Message 174285)
Posted by june5
on Mar 04, 2006 11:29 PM | Also by june5
| Gender: Female,
Age Bracket: N/A,
State: N/A,
Country: United States |
If they are requiring a "willful" violation, clearly this guy doesn't fit the bill. What's too bad is that he will probably be stuck with a public defender who will put about 5 minutes into his case, and he'll be heading off to prison. I really believe many of these cases would be different if the "offender" could afford competent legal counsel.
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Thread
174182, orolan, Mar 03, 2006 03:31 AM
174229, june5, Mar 03, 2006 11:05 PM
174285, orolan, Mar 04, 2006 02:32 PM
174321, june5, Mar 04, 2006 11:29 PM
174238, Rejected
174255, DoTheCrimeDoTheTime, Mar 04, 2006 03:57 AM
174352, Pending Further Review
174365, Pending Further Review
174428, Pending Further Review
174362, Pending Further Review
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