Over the past two years, there have been changes in the law and court decisions in Florida that have affected how criminal lawyers argue jurisdictional defenses in probation violation cases. Understanding and using the concept of jurisdiction is crucial for lawyers in these cases, as it can make the difference between a client going to jail or not. The government doesn’t have to prove a probation violation beyond a reasonable doubt, and there is no jury trial, so it’s important for lawyers to hold the government and the court accountable to the rules for capturing jurisdiction in these cases. Argumenting lack of jurisdiction can be the key to saving a client from a long jail sentence. If someone on probation breaks the rules, a judge can issue a warrant for their arrest. But the warrant has to be issued during the probation period, and someone with knowledge of the violation has to file an affidavit with the court during the probation period too. If these steps aren’t followed, the court can’t revoke the probation. The Boyd case set a precedent for defense attorneys to argue that a warrant is only considered “issued” when it’s signed and delivered to the sheriff, not just when it’s signed by the judge. This was based on an old opinion from a previous court case. The Supreme Court of Florida agreed with this interpretation, rejecting the government’s argument based on a state statute. The Boyd decision allowed defense lawyers to challenge the court’s authority in certain cases. For misdemeanor cases with probation of one year or less, defendants could benefit from delays in the probation revocation process. If the probation violation report was filed close to or on the expiration date, the court might not have jurisdiction to revoke probation. This created a defense for the client, if the warrant for probation violation was not delivered on time. Judge Mickle disagreed with the majority’s decision in the Boyd case about when an arrest warrant is considered issued. He thought the definition from a previous case, Dubbs, didn’t apply to Boyd. The state legislature later agreed with Judge Mickle and changed the law to match his interpretation. This change closed a loophole that allowed people to challenge their probation or community control based on when an arrest warrant was issued. Before a recent change in the law, defense lawyers could argue that a court didn’t have authority to punish their client if the arrest warrant wasn’t delivered to the police on time. For example, if a probation officer filed a report on the 175th day of a 180-day probation, and the judge signed the arrest warrant on the 178th day but it wasn’t given to the police until the 181st day, then the court couldn’t punish the defendant. But now, the law says that a warrant is considered “issued” as soon as the judge signs it, so the delivery to the police isn’t as important. This makes the process of punishing someone for breaking probation a little simpler. The amendment to the law about probation revocation doesn’t say if it applies to cases from before the law changed. Some courts have said it only applies to new cases, but there’s still some uncertainty. It seems like the new rules would apply to all cases, no matter when the person was put on probation. The exact process for when a warrant needs to be delivered to the sheriff is not clear, but it’s important to pay attention to dates and time served when dealing with probation violation cases. This will help determine the last day the government has to start the revocation process. The important dates for a legal case are when the affidavit was filed and when the judge signed the warrant. Felony cases can take a long time to meet legal requirements. Lawyers need to make sure the government and the courts follow the rules. The prosecutor should know how much time the person has already spent on probation or in custody and the maximum sentence for the crime.
Source: https://www.floridabar.org/the-florida-bar-journal/a-look-at-probation-and-community-control-revocation-proceedings-in-light-of-boyd-and-f-s-901-021/
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