Result Category: General

Alachua County Violation of Probation Charge Dismissed

General

On January 2, 2020, a violation of probation affidavit was filed, alleging that a probationer had screened positive for alcohol on December 4, 2019. The affidavit, as well as violation of probation report, indicated that the probationer entered his plea and was placed on probation on January 7, 2019. The affidavit and report also noted that the end date of probation was January 6, 2020. A warrant was issued for the probation on January 7, 2020, which lead to his arrest on January 16, 2020.

The driver hired Meldon Law. The attorney reviewed all of the violation reports and warrant, and noticed that the warrant was signed one day after the probation period end date. The attorney filed a motion to dismiss the violation of probation, arguing that the court did not have jurisdiction to proceed forward with the violation charge. The motion was granted at a hearing. The client’s probation was terminated, the violation of probation charge was dismissed, and he was released from custody that day.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. (Date of Arrest: January 16, 2019).

State of Florida Restitution Check Fraud

General

A victim reported that she discovered the defendant, her former step mother, fraudulently obtained multiple restitution checks issued to the victim, and deposited them into her personal account. The victim had just learned that she was to receive restitution checks from the State of Florida – Department of Corrections (DOC) when she discovered a check in her name in the defendant’s possession.

The defendant, posing as the victim’s guardian, contacted the DOC, and requested that the checks be mailed to her address. The victim stated that the amount taken was $6012.60 and included five checks (of unequal amounts).

Bank officials confirmed that the defendant had deposited the checks in question into an account that had both her and the victim’s names. The defendant then transferred the funds into an account which was solely in the defendant’s name.

The victim stated that she had no knowledge of the first account, she never received any proceeds from the checks, and that she was no longer living with the defendant when the checks were mailed or deposited. A warrant was issued for the defendant’s arrest, and the defendant was later arrested and charged with Grand Theft.

After retaining Meldon Law, the defendant was allowed to participate in the deferred prosecution program. This program specifies certain requirements that, if satisfied, allow the case to be delayed for a period of twelve months. At that time the State Attorney’s Office makes a determination whether to pursue the case further. Often, the state drops the charges completely.

The defendant satisfied the requirements of the deferred prosecution program and the State Attorney’s Office dropped all charges against the defendant in this case.