Tampa Bay Criminal Defense Lawyer Blog
Here in the State of Florida, probation is something that you need to take extremely seriously. There are so many ways you can be charged with a violation of probation and could have your probation revoked. Of course, there are also lots of situations where you can be wrongfully charged with a violation of probation. Just as much as you take your probation seriously, you should also take any charge of violation of probation with the utmost seriousness. That means reaching out to a knowledgeable Tampa Bay probation violation lawyer immediately.
A song in a famous Mel Brooks musical comedy contains the whimsical lyric, “It’s what you oughtn’t to do but you do anyway.” For one Punta Gorda woman free on probation, her alleged actions during a “video visitation” at the Charlotte County Jail, as reported by thesmokinggun.com, would be something that fell into that category.
On August 8, the woman, D.F., traveled to the jail to visit C.T., a male inmate. According to the facility’s Jail Intelligence Detective, who reviewed the footage of the pair’s video visitation, the two “frequently talked in a lewd manner speaking of sex, sexual organs, and sexual activities.” That part was OK.
D.F. also “frequently flaunted and rubbed her” body, including “showing the revealing outfit she wearing calling her outfit naughty,” according to the police report. That part was also OK.
Later on, though, the woman allegedly exposed her bare breasts to C.T. That part was not OK. D.F. was eventually charged with the crime of “exposure of sexual organs” in violation of Florida Statutes Section 800.03. When approached by police at her home, the woman “made a spontaneous utterance stating, ‘I cannot believe that showing [C.T.] my boobs would get me arrested!’”
The Effect of the Exposure Charge on the Woman’s Probation
But it did… and that potentially wasn’t the worst of it for the woman. That’s because, back in June, D.F. had been arrested after she allegedly impersonated a FedEx delivery driver and stole packages from residents’ porches. On July 21, a judge sentenced her to three years probation on the theft charges as part of a plea deal.
In Florida, there are two kinds of probation violations. One is a “technical” violation, which encompasses things like failure to do community service, failure to complete DUI or anger management classes, or failure to get or keep a job.
The other kind of violation is a “new law” violation. That means that you got arrested and/or charged with a new offense. This includes things like being on probation for theft and getting charged with exposure of sexual organs, as this woman allegedly did.
D.F. is now facing, in addition to the exposure charge, a probation violation charge. The exposure charge is a first-degree misdemeanor that can carry as much as one year in jail and a $1,000 fine as punishment. The probation violation charge could carry a much stiffer penalty. The woman was shocked to find out that showing her breasts could get her arrested. Even more shocking will be finding out that her amorous action could lead to her serving out the remainder of her theft sentence behind bars, meaning three years in jail.
The good news, if you are facing a probation violation charge, is that the potential exists to mitigate or even negate your probation violation before you go to court. If you are successful in doing this, the judge may dismiss your violation of probation charge completely.
Of course, that doesn’t just happen automatically. It requires detailed knowledge of, and extensive experience with, the law and the courts. To give yourself the best possible chance at the best possible outcome, you need powerful legal representation on your side. The skilled Tampa Bay probation violation attorneys at Blake & Dorsten P.A. are here to help. Call us as soon as possible so that we can begin taking action on your behalf and minimize the negative impacts this probation violation charge will have on you. Call us today at (727) 286-6141 to schedule your FREE initial consultation.