The United States Supreme Court

A Supreme Court Decision That Will Affect Tampa Federal Firearms Cases

Facts of the Case – Rehaif v. United States

Mr. Hamid Rehaif, a citizen of the United Arab Emirates, entered the United States on a student visa to attend the Florida Institute of Technology in Melbourne, Florida.  Under the terms of his visa, he was allowed to stay in the United States only so long as he remained a full-time student.

In 2014, after Rehaif received poor grades, the Florida Institute of Technology dismissed him from the school and told him that his immigration status would be termi­nated unless he transferred to a different university or left the country

A federal grand jury charged Rehaif with violating federal statute 18 U.S.C. § 922(g). 

Rhaif stayed in the United States and did not enroll at any other university.

In December of 2015, Rehaif went to a shooting range, bought ammunition, rented a firearm, and shot targets for an hour.  The FBI learned about Rehaif when an employee at the hotel where Rehaif was staying reported to the police that Rehaif had been acting strangely. Following up on the tip, an FBI agent interviewed Rehaif, who admitted shooting guns at the range.

The FBI arrested Rehaif and a federal grand jury subsequently charged him with violating federal statute 18 U.S.C. § 922(g).

What is Federal Statute 18 U. S. C. §922(g)?

Federal statute 18 U.S.C. §922(g) makes it against the law for certain persons to knowingly possess a firearm or ammunition that has crossed state lines or come from another country.  In a Tampa, Florida, 18 U. S. C. §922(g) prosecution, the gun or ammunition would have to have come from outside of Florida for this federal law to apply.

Under 18 U. S. C. §922(g), the following persons are not allowed to knowingly possess a firearm:

  • Convicted felons
  • Fugitives from justice
  • Drug addicts
  • Persons adjudicated as mentally defective
  • Persons with a dishonorable military discharge
  • Persons with a domestic violence restraining order
  • Persons convicted of a misdemeanor crime of domestic violence,
  • Illegal aliens

A person that fits into one of these categories that possesses a firearm or ammunition can go to federal prison for up to 10 years.

How 18 U.S.C. §922(g) Was Interpreted Before June of 2019

Prior to June of 2019, federal law did not require the Government to prove that an accused knew he or she belonged to one of the classes of persons listed above.  So, before June of 2019, the Government only had to prove that the person knew that they possessed a firearm or ammunition, not that the person knew that when they possessed the gun for ammunition they were: a convicted felon, an illegal alien, convicted of a domestic violence offense, a drug addict, adjudicated mentally defective, had a dishonorable military discharge, or had a domestic violence injunction against them.

How did Mr. Rehaif’s Case Change the Way Tampa Federal Courts Will Interpret 18 U. S. C. §922(g)?

At Mr. Rehaif’s trial, his lawyers argued that federal law required the Government to prove not only that Rehaif knew he had possessed the firearm and ammunition, but also that Mr. Rehaif knew that his lawful immigration status had been terminated.

The judge at Mr. Rehaif’s trial ruled that the Government only had to prove that Rehaif knew he had possessed the firearm and ammunition, not that he knew his immigration status had been terminated.  The jury found Mr. Rehaif guilty and the judge sentenced him to 18 months of prison.  Rehaif appealed and his appeal eventually reached the United States Supreme Court.

The Supreme Court reviewed the case, and by a majority of 7-2 decided that 18 U.S.C. §922(g) required that the Government prove not only that Rehaif knew he had possessed the firearm and ammunition, but also that he knew that his immigration status in the United States had been terminated. The basic idea behind the Supreme Court’s decision is that in federal criminal firearms cases, a person should not be punished unless they knowingly violate the law.

What Impact Will the Supreme Court’s Decision have on Tampa Federal Firearms Cases?

From now on, when the government prosecutes a person for violating 18 U.S.C. §922(g), federal prosecutors are going to have more work cut out for them than they have had in the past.  They will have to prove not only that an accused knew that he possessed a firearm or ammunition, but also that the accused knew that he was a member of one of the listed classes of persons prohibited from possessing a firearm.

For example, let’s say a person is accused of violating 18 U.S.C. §922(g) because the person was a fugitive from justice at the time they possessed a firearm.  The Government will now have to prove beyond a reasonable doubt that the accused knew that he possessed a firearm or ammunition and that the accused knew he was a fugitive at the time of possession.

This might be tricky for the Government to do because there are times when a person may be considered a fugitive and not even know it.  For example, suppose that a Tampa defendant in Florida state court misses a court dates because the clerk’s office sends the notice of hearing to the wrong address.  When the defendant does not show up in court, a judge issues a warrant for the defendant’s arrest.  In a case like this, the defendant would be a fugitive and not even know it.

Criminal Defense Attorney

Nationally and Florida Board Certified Criminal Trial Attorney David C. Hardy is a former Tampa prosecutor that has extensive experience handling Tampa drug court cases.

Are you looking for the best Tampa federal criminal defense lawyer?

If the federal government has accused you or a loved one of a federal firearms offense, your best option is to hire an experienced Tampa federal criminal defense attorney to represent you.

Tampa criminal defense attorney David C. Hardy is a former prosecutor that now represents persons accused of Tampa federal drug crimesDavid Hardy is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law.  He has extensive experience handling federal criminal drug cases and federal firearms casesContact Tampa federal criminal defense attorney David C. Hardy and get help today.

 

 

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Tampa federal substantial assistance

Substantial Assistance, 5K1.1 Motions, and Rule 35 Motions

What Is Substantial Assistance?

“Substantial assistance” is a term that is often heard in the media when federal criminal cases of public interest are in the news.

In the 1990 movie GoodFellas, Henry Hill provided substantial assistance to the Government.

Substantial assistance is a process by which a federal criminal defendant helps the government to investigate and prosecute crimes committed by persons other than the defendant.

A defendant can provide substantial assistance in a variety of ways. For example, a defendant might provide information to the Government regarding a person that has been committing crimes, which then leads to the arrest and prosecution of that person.  In some cases, substantial assistance can mean that a defendant actually goes to court and testifies at a trial or hearing against his coconspirators.  If you have ever seen the 1990 movie “GoodFellas,” the character Henry Hill provided substantial assistance to the Government when he testified against the organized crime bosses for whom he had worked.  In return, Henry Hill avoided prison.

Why Would a Federal Criminal Defendant Decide to Cooperate with the Government and Provide Substantial Assistance?

Typically, the reason a federal criminal defendant would cooperate with the Government is to get a shorter prison sentence or to serve no prison sentence at all.

The Government knows that sometimes, in order to convict the organizers and leaders of criminal organizations, the most useful witnesses are other members of that same criminal organization.  Therefore, in order to convict the leaders of a criminal organization, the Government will frequently make deals with lower members of the organization.  Essentially, the deal is that if a defendant cooperates against the leaders of the criminal organization, then the defendant’s own punishment will be reduced.

Normally, if a defendant wants to cooperate with the Government, the defendant will sign a federal plea agreement, which will explain the terms of the substantial assistance process.

What is a §5K1.1 Motion?

Federal district court judges use the United States Sentencing Guidelines to help them to decide the appropriate sentence to give a defendant.  In the sentencing guidelines, there is a section called 5K1.1.

The requirements of the §5K1.1 are set out in the United States Sentencing Guidelines.

The requirements of the §5K1.1 are set out in the United States Sentencing Guidelines.

The 5K1.1 Motion section states that if a defendant has provided substantial assistance in the investigation or prosecution of another person who has committed a crime, the judge can take that substantial assistance into consideration at sentencing and impose less punishment upon the defendant.  Further, if the 5K1.1 motion cites a law known as 18 U.S.C. 3553(e), then the judge can impose a sentence below any applicable minimum mandatory sentence.

What is a Rule 35 Motion?

A Rule 35 Motion is very similar to a 5K1.1 motion, with two key differences.  First, a Rule 35 Motion is made after a person has been sentenced.  In fact, sometimes a Rule 35 Motion is made several years after a defendant has been sentenced to prison.  Second, with a Rule 35 Motion, a federal judge always has the power to sentence a defendant below any minimum mandatory sentence, regardless of whether or not the prosecutor approves.

To understand Rule 35 Motions, it’s helpful to consider an example.  Let’s say that a defendant is originally sentenced to 10 years of prison for a drug offense, but that while in prison, the Defendant helps the FBI to investigate a drug trafficking organization by providing information about the leaders of the organization.  Eventually, the Government prosecutes the drug traffickers, and they plead guilty in federal court.  Then, the Government files a Rule 35 Motion on behalf of the defendant that provided substantial assistance, and the judge reduces the defendant’s sentence by several years.

Who Decides Whether or Not a Defendant will get a 5K1.1 motion or a Rule 35 motion?

Only the Government (also known as the federal prosecutor) can file a 5K1.1 motion or a Rule 35 motion.

Who Decides How Much Credit a Defendant Will Get for providing substantial assistance?

Only a federal district court judge can decide how much credit a defendant should get for his or her substantial assistance.

How Does a Federal Judge Determine How Much Credit to Give for Substantial Assistance?

When deciding how much credit to give a defendant for his or her substantial assistance to the Government, the judge will consider these factors:

  • The significance and usefulness of the defendant’s assistance, taking into consideration the government’s evaluation of the assistance rendered
  • The truthfulness, completeness, and reliability of any information or testimony provided by the defendant;
  • The nature and extent of the defendant’s assistance;
  • Any injury suffered, or any danger or risk of injury to the defendant or his family resulting from his assistance;
  • The timeliness of the defendant’s assistance.

Substantial Assistance and Your Federal Criminal Defense Attorney

If you or a loved one is considering providing substantial assistance to the Government in a federal criminal case, your best option is to work with an experienced federal criminal defense attorney.

A federal criminal defense attorney can work to maximize any possible sentence reduction for a defendant, as well as protect a defendant’s rights and interests. Further, sometimes the Government may agree that a defendant should receive credit for his or her substantial assistance, but the defendant may believe that he or she deserves more credit than the Government is willing to recommend to the judge.  In cases like these, a federal criminal defense attorney can present arguments to the judge that a defendant’s reduction in the sentence should be greater than the government has requested.  After hearing the arguments from both the Government and the defense attorney, the judge makes the decision on whether to reduce the defendant’s sentence and by how much.

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Federal law sets out the minimum mandatory sentences for federal drug offenses, as well as the requirements for the safety valve.

Tampa Federal Drug Charges and the Safety Valve

What is a federal minimum mandatory drug sentence?

Defendants in the Tampa federal courts with federal drug charges frequently face minimum mandatory sentences.  A minimum mandatory sentence is a minimum sentence that the judge must impose by law, whether the judge likes it or not.

For example, if a Tampa federal drug case involves at least 100 kilograms of marijuana, under federal law there is a 5-year minimum mandatory sentence.  That means that if a defendant pleads guilty to a Tampa federal criminal drug case involving 100 kilograms of marijuana, the judge would have to sentence that defendant to at least 5 years in prison.  Another example involves federal cocaine charges.  If a defendant pleads guilty to a Tampa federal criminal drug charge involving 5 kilograms or more of cocaine, the judge would have to sentence the defendant to at least 10 years in prison.

The safety valve protects low level members of a federal drug conspiracy from minimum mandatory sentences

The safety valve can protect low level members of a federal drug conspiracy from long minimum mandatory prison sentences.

What is the Safety Valve and How Can it Help a Person Accused of a Federal Drug Trafficking Charge?

One of the ways around a federal drug trafficking minimum mandatory prison sentence is called the safety valve.  The safety valve can be found in federal law 18 U.S.C. 3553(f), as well as section 5C1.2 of the United States Sentencing Guidelines.  In 2018, a law called the First Step Act made it easier for defendants to qualify for the safety valve.

The idea behind the safety valve is that the law should not punish low-level drug offenders that have little or no criminal history the same way that it punishes the leaders and organizers of drug trafficking organizations.   So, the safety valve’s purpose is to provide a way around federal minimum mandatory sentences in drug trafficking cases for low-level drug offenders.  Perhaps, a better name for the safety valve would have been “the escape hatch”, because the safety valve is essentially a way for some defendants to escape a federal drug trafficking minimum mandatory sentence.

One of the best ways a Tampa federal criminal defense attorney can help a client facing a federal drug charge is to ensure that if the client qualifies for the safety valve, that the judge applies it at the client’s sentencing hearing.  That’s because the safety valve can make a big difference with respect to the amount of time a person spends in prison for a federal drug trafficking charge.

What are the 5 Conditions that a Defendant accused of a Federal Drug Trafficking Crime Must Meet to Qualify for the Safety Valve?

There are 5 conditions that a defendant accused of federal drug trafficking crime must meet before the safety valve will apply.

  • The first condition deals with a defendant’s criminal history. Certain types of criminal history will make a Defendant ineligible for the safety valve. For example, if a defendant has a prior criminal conviction for which they spent more than 13 months in prison, and the arrest in their current case is within 15 years of their prison release date, then the safety valve will not apply.  Also, if a defendant has a prior conviction for a violent offense for which they spent 60 days or more in jail, and the arrest in their current case is within 10 years of their jail release date, then the safety valve will not apply.
  • The defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense.
  • The offense did not result in death or serious bodily injury to any person.
  • The defendant was not an organizer, leader, manager or supervisor of others, or engaged in a continuing criminal enterprise.
  • The defendant has, by the time of sentencing, truthfully provided to the Government all relevant information concerning the offense.

What are the Benefits for a Defendant if the Safety Valve Does Apply?

Federal District Court Judges must take into consideration The United States Sentencing Guidelines when sentencing a defendant.

Federal District Court Judges must take into consideration The United States Sentencing Guidelines when sentencing a defendant.

If a defendant does qualify for the safety valve, then a federal district court judge can impose a sentence less than the minimum mandatory, including probation.  Another benefit of the safety valve is that it also allows for a 2 level reduction in a defendant’s federal sentencing guideline offense level. In some cases, that two level reduction can lower a defendant’s recommended guideline prison sentence by several years.

Are you looking for the best Tampa federal criminal defense lawyer?

If the federal government has accused you or a loved one of a federal criminal drug offense, your best option is to hire an experienced Tampa federal criminal defense attorney to represent you.

Tampa federal drug crimes attorney

Attorney Hardy began his work in the federal courts when he served as an intern with the United States Department of Justice in 1999.

Tampa criminal defense attorney David C. Hardy is a former prosecutor that now represents persons accused of Tampa federal drug crimes.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law.  He has extensive experience handling federal criminal drug cases.  Contact Tampa federal criminal defense attorney David C. Hardy and get help today.

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A Guide to the Hillsborough County Florida Drug Court

The Hillsborough County, Florida Drug Court is a voluntary program that is designed to take non-violent drug offenders out of the criminal justice system and place them into drug treatment.  The goal is to get non-violent drug offenders the help they need to kick their drug habit.

The Florida Statutes set out the rules concerning Florida Drug Courts.

In Hillsborough County, Florida, drug court is called Drug Pretrial Intervention (also known as DPTI). If a Defendant is accepted into the Hillsborough County DPTI program, their drug case is removed from prosecution, and the Defendant is given the opportunity to complete the requirements of the program.  If the Defendant completes the DPTI program, the State will drop the charges against them.

Who is Eligible to Participate in Hillsborough County, Florida Drug Court?

A Defendant must meet the following Florida drug court requirements in order to participate in the Hillsborough County DPTI program:

  • The Defendant must be at least 18 years old.
  • The Defendant must be charged with drug possession or similar offense.
  • The Defendant cannot be charged with drug sale or delivery.
  • The Defendant cannot have had a prior felony.
  • The Defendant cannot have already participated in DPTI program.
  • The Defendant must waive his or her right to a speedy trial.
  • The Defendant must admit to having a drug problem.
  • The Defendant must express a desire for drug treatment.

How Long Does the Hillsborough County Florida Drug Court Last?

The Hillsborough County Drug Court program (also known as DPTI), lasts at least one year. Depending on the progress of the Defendant, it can last longer.

What are the Requirements to Complete Florida Drug Court?

The Florida drug court rules states that the type of treatment that a Defendant receives in DPTI depends on the extent of their drug problem.  At the start of the DPTI process, the Defendant will attend an assessment session with a substance abuse expert.  The drug court will use that assessment to structure an appropriate treatment plan.  Treatment may involve group and individual substance counseling, urine screens, AA or NA meetings, and acupuncture.  Some defendants may require a period of residential treatment in which they live at a treatment center for a specified period of time.

What are the advantages of the Hillsborough County Florida Drug Court Program?

The big advantage for a Defendant that completes the Hillsborough County Florida Drug Court Program is that the case will get dropped.  Therefore, the person won’t have a conviction.  Additionally, given that the case did not result in any conviction, the Defendant may be able to expunge the record of the arrest that leads to the drug charge.

What are the Disadvantages of the Hillsborough County Florida Drug Court Program?

However, there are disadvantages to participating in the Hillsborough County DPTI program.

First, a Defendant that elects to participate in the DPTI program gives up his or her right to fight the case.  Sometimes, a Defendant may have a good chance to get a case dismissed because of a Miranda violation or an illegal police search or seizure.  However, if the Defendant elects to enter DPTI, they lose the chance to file a motion to suppress evidence and get the case dismissed through litigation.

Second, the DPTI program is not an easy program to complete.  It requires time, effort, and a sincere commitment to stop using drugs.  There are some people who don’t have the time to complete the program’s requirements, or the necessary commitment to complete the program.

Third, when a person enters the DPTI program, they are agreeing that the judge can give them up to six months of jail time for failing to comply with the program’s requirements.  If for whatever reason a person continues to test positive for controlled substances, a judge can order to person to remain in jail for weeks or months until a residential drug program becomes available.

When investigating DUI cases, police sometimes use urine tests to check for the presence of cannabis in a driver's body

If a person in the  Hillsborough County DPTI program continues to test positive for controlled substances, a judge can order the person to remain in jail for weeks or months until a residential drug program becomes available.

Therefore, before agreeing to enter the DPTI program, a Defendant should discuss with her or her criminal defense attorney whether or not the DPTI program is the best option.

How Can a Criminal Defense Attorney Help a Defendant in the Hillsborough County Florida Drug Court Program?

An experienced Tampa criminal defense attorney can help a Defendant through the Hillsborough County DPTI program in a variety of ways.

First, a Tampa criminal defense attorney may be able to help a Defendant qualify for the DPTI program.  For example, sometimes a Tampa Police Officer or a Hillsborough County Sheriff’s Deputy may arrest a person and charge them with possession of a drug with intent to sell or deliver. Since a Defendant accused of selling drugs is not eligible for DPTI, an experienced criminal defense lawyer should contact the State Attorney’s Office and make the argument that while the Defendant possessed the drugs in question, he or she never had the intent to sell or deliver the drugs.  If the prosecutor agrees, then DPTI may still be an option for the Defendant to explore.

Second, a Tampa criminal defense lawyer can guide a Defendant through the initial assessment of whether or not DPTI is a good option for them.  For example, in some cases, the State’s case may be so weak, that it’s better to litigate the case in court rather then entering the DPTI program.  Only by consulting with a skilled Tampa criminal defense attorney will you know whether or not DPTI is the best route to take.

Third, a Tampa criminal defense lawyer can guide a Defendant through the DPTI program itself.  Frequently, there are issues that come up during the program that may require a defense attorney’s intervention and assistance.

Fourth, a Tampa criminal defense attorney can serve as a bridge between the Defendant and the other parties in the program, including the prosecutor, the substance abuse treatment providers, the Florida Department of Corrections, and the Judge.   Clear communications between all parties involved can avoid any misunderstandings or miscommunications that could land a drug court Defendant in jail.

Are you looking for an Attorney to help you through the Hillsborough County Florida, Drug Court program?

Tampa criminal defense attorney David C. Hardy is a former prosecutor that now represents persons accused of drug crimes. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law.  He has extensive experience handling Hillsborough County Drug Court Cases. Contact David Hardy today!

Criminal Defense Attorney

Nationally and Florida Board Certified Criminal Trial Attorney David C. Hardy is a former Tampa prosecutor that has extensive experience handling Tampa drug court cases.

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What are the Hillsborough County Florida Probation Rules?

Frequently, rather than send a person convicted of crime to jail or prison, Florida judges will sentence a person to serve a term of probation.

Florida probation rules normally involve persons having to report to a probation officer, pay court costs, pay costs of probation, perform community service hours, and attend classes.

The length of the probation term depends on the type of offense for which the person was convicted.  Florida probation lengths vary from a few months to many years.

What are some of the standard terms of probation in Hillsborough County, Florida?

There are a number of conditions of Florida probation rules that are called standard conditions of probation.  That means each person that a Hillsborough County judge puts on probation will have to do the following things:

The Florida Statutes set out the standard terms of probation in Hillsborough County, Florida.

  • Report to the probation officer as directed.
  • Pay the State of Florida the cost of supervision.
  • Live in a specified place. The person cannot change their residence or employment or leave the county of your residence without first getting the consent of their probation officer.
  • Not possess, carry or own any firearm.
  • Not possess a weapon without first getting the consent of their officer.
  • Live without violating any law.
  • Not associate with any person engaged in any criminal activity.
  • Not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician.
  • Not visit places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed or used.
  • Work diligently at a lawful occupation, advise their employer of their probation status, and support any dependents to the best of their ability.
  • Promptly and truthfully answer all inquiries directed by the judge or the probation officer.
  • Allow a probation officer to visit in their home or job.
  • Comply with all instructions their probation officer may give them.
  • Pay court costs.
  • Submit to random testing.
  • Submit a DNA sample.
  • Submit to the taking of a photograph. This photograph may be displayed on the Florida Department of Corrections website.

What are some of the special terms of probation in Hillsborough County, Florida?

In addition to the standard terms of probation in Hillsborough County, the judge may also impose what are called special conditions of probation.  For example, a Hillsborough County judge may order a person on probation to do the following things:

Can you leave the State of Florida while on a Hillsborough County probation?

No.  Not unless you get your probation officer’s permission ahead of time.

What is a Hillsborough County, Florida VOP?

In Hillsborough County, Florida, VOP stands for “violation of probation.”

What happens when a person violates their Hillsborough County probation?

For some people, the conditions of Hillsborough County, Florida probation rules can be difficult to meet. For example, people on probation frequently test positive for drugs, fail to complete drug treatment problems, fail to pay costs or restitution, or fail to attend monthly meetings to submit monthly reports.   Also, sometimes due to misunderstandings a probation officer will believe that a person has violated their probation, when that’s not the case.

When a Hillsborough County probation officer believes they have reasonable grounds that a person has violated their probation, the probation officer can arrest the person.

When a Hillsborough County probation officer believes they have reasonable grounds that a person has violated their probation, the probation officer can arrest the person.

Also, a probation officer can write up a sworn statement called a violation of probation (VOP) affidavit.  This affidavit describes why the probation officer believes the person has violated their probation.  The probation officer then sends the VOP affidavit to a judge.  If the judge reads the affidavit and decides that there are reasonable grounds to believe that the person has violated their probation, the judge will issue a warrant for the person’s arrest.

Many times, a Hillsborough County judge issues the VOP arrest warrant with a no bond status, which means that unless a criminal defense attorney steps in and files a motion asking the judge to release the person, the person may have to wait in jail for an extended period of time until their court date.

How Does a Hillsborough County Judge determine if a person has violated their probation?

At a violation of probation hearing, the person accused of the VOP is not entitled to a jury trial. Rather, the judge holds a hearing and both the prosecutor and defense attorney may call witnesses.

During a probation hearing, there is no constitutional right against self-incrimination.  Therefore, the prosecutor has the advantage of being able to call the person on probation as a witness against himself.  Additionally, while hearsay in Tampa is generally not admissible against a defendant at a criminal trial, at a revocation of probation hearing the judge may consider hearsay evidence.

Unlike at a trial where the prosecutor has to prove a person’s guilt beyond a reasonable doubt, at a violation of probation hearing a judge may revoke the Defendant’s probation if the State proves “by the greater weight” of the evidence that the Defendant substantially and willfully violated a specific condition of his probation. This standard, “by the greater weight”, is much easier for the State to prove than the “beyond a reasonably doubt standard.”

What happens if a Hillsborough County Judge decides that a person has violated his or her probation?

The judge may impose any sentence that he or she could have originally imposed on the person at the original sentencing.   For example, if the violation of probation was for a first time DUI, the judge could sentence the defendant to the maximum incarceration allowed by law – 180 days of jail.  If the violation of probation was for misdemeanor possession of cannabis, the judge could sentence the defendant to the maximum of 12 months in jail.

Are you looking for the best criminal defense lawyer in Tampa Florida to represent you in a Violation of Probation matter?

Criminal Defense Attorney

Nationally and Florida Board Certified Criminal Trial Attorney David C. Hardy is a former Tampa prosecutor that has extensive experience handling Tampa VOP cases.

Tampa attorney David C. Hardy is a former prosecutor that now represents persons accused of violating their probation.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling Violation of Probation matters. Call our Tampa office today!

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