Florida Criminal Appeals and Post-Conviction
Former Prosecutor with 27 Years of Experience
Appeals Lawyer
Former Prosecutor with 27 Years of Experience
Appeals Lawyer

Appellate court reverses violation of probation on appeal!

posted 2015| W.B. v. State

The client was arrested and charged with attempted trafficking in oxycodone.  Under the advice of his trial lawyer, he entered a plea and was sentenced to probation.  The client was doing well and was residing in a residential treatment program. However, he ultimately relapsed and admitted to using drugs.  The residential program had to inform his probation officer that the client tested dirty and he was violated. After he was violated, the client continued with treatment and desired treatment.

Nevertheless, the trial court found that the client violated his probation and he was sentenced to 3 years mandatory prison sentence. Mr. Forman was hired and argued on appeal that the client’s violation was not willful and substantial. The Fourth District Court of Appeal agreed and reversed and vacated his sentence!  The appellate court found that relapse is a part of rehabilitation and that the client, who wanted treatment and who actively participated, did not violate the terms of his probation.  This case was so important due to the frequency that this occurs in Circuit Court that Mr. Forman frequently gets phone calls from other lawyers!

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