Allegation: Technical Violation of Probation (Dirty Urine Test)
Result: Modification of Probation to Client Could Relocate back to Home State
Date: June 25, 2014
Jurisdiction: St. Johns County
State of Florida v. D.T., the defendant pled guilty to sale of marijuana while represented by a
Public Defender. His probation required him to be on Community Control
(house arrest) for a period of 2 years.
The problem this created was that D.T. was prevented from transferring
his probation back to his home state because of the Community Control
provision. D.T., who was not from Florida, was struggling financially,
bouncing from home to home and unable to find steady employment. He also
found himself associating with people who were using drugs and causing
him to relapse and jeopardize his probation.
In May, D.T. tested positive for drug use and was about to have his probation
violated. Fearful that he may get a lengthy jail or prison sentence if
he was caught in violation of probation, D.T. called the
Albaugh Law Firm to find out what options were available to him.
Ryan Albaugh listened to D.T. describe his situation and desire to return to his home
state. Mr. Albaugh also spoke to D.T.'s mother who was willing to
come testify at any future hearings. Mr. Albaugh had D.T.'s mother
put together a plan for success if D.T. were allowed to return home. He
then filed a motion to modify D.T.'s probation before a violation
was filed. He also spoke to D.T.'s probation officer about D.T.'s
plan and was able to have him keep an open mind about the modification
until the hearing.
At the hearing, the judge was happily surprised that D.T. had been proactive
about seeking a modification rather than waiting for a violation to occur.
During the hearing, Mr. Albaugh questioned D.T. and his mother to establish
where D.T. would live, the job opportunities he would have, and the treatment
programs that were local to his home. Mr. Albaugh also used the recent
dirty test as a reason to modify the probation by arguing that the best
chance for D.T. to successfully complete probation was to remove the Community
Control provision and allow him to transfer back to his home state. The
Judge agreed, and modified D.T.'s probation as requested.
Mr. Albaugh's out of the box type thinking comes from years of criminal
defense experience. If you are facing a probation issue or any other criminal law case,
contact an experienced criminal law attorney at the Albaugh Law Firm who can fight to protect you.