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Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

Case #03-CF-011765; Judge Daniel Perry; Date: November15, 2006

FACTS: Absconding from supervision is probably the worst way for a probationer to violate. That does not mean that you are necessarily headed for jail because of it, but it is a violation that certainly must be explained. Many times the absconder has violated a probation that requires a fair amount of restitution be paid to the victim. If the defendant comes to court with the ability to make the victim whole again it may prove the difference between going to jail/prison and avoiding prison.
The courts have created probation as an alternative to incarceration. Many judges look upon probation as the defendant's oppurtunity to prove to the Court that he or she can still be a productive member of society. When someone violates there probation by absconding or leaving probation many judges feel you have "thumbed your nose at them", and the responsibility of completing your supervision. That is why it is important to express to your attorney the difficulties (job, family members, addiction) that caused you to abscond.
In this particular case the defendant had been awol from probation for two years. She was initially put on drug offender probation and dealt with some serioius addictions to alcohol.

DEFENSE: The defendant had not received any new law violations during her time away from probation, and remained drug free. She had also started her own business and been productive. The Court was very direct with her about whether she continued to use any drugs, and the evidence showed she hadn't.

RESULT: After discussions with the Court the defendant's probation was terminated, and she was released from the county jail. If the defendant had contacted our office before she was arrested on the violation of probation warrant she may have avoided jail altogether.