Other Legal Services

Other Legal Services

Criminal offenses have unfortunate, life altering consequences, regardless of whether or not the individual was found guilty of the accusation.  Once accused, a criminal record is opened and remains public unless sealed or expunged.  These records are viewed by prospective employers and landlords.  Even where a person was never formally charged with an offense, or the matter was dismissed, persons suffer the stigma of having been charged.  Sealing or expunging offers an individual an opportunity to conceal and deny the very existence of that adverse occurrence.

In the state of Florida an individual has the opportunity to seal or expunge one offense in their lifetime.

What is the difference between sealing and expunging a criminal record?

A sealed record is removed from public viewing and kept in a sealed area of the courthouse, and will not be released without a court order.   An expunged record is shredded. It is important to note that an order to seal or expunge only affects government agencies, such as police departments and the clerk’s offices, and has no effect on private agencies that have purchased these records from the Florida Department of Law Enforcement. 

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Criminal offenses have unfortunate, life altering consequences, regardless of whether or not the individual was found guilty of the accusation.

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Can the terms of supervised release be changed?

Yes.  A supervised release motion can be filed for a variety of requests, such as:

  • removing an ankle monitor;
  • modifying curfew, travel or location restrictions;
  • terminating supervised release;
  • converting one form of supervised release for another (such as from house arrest to regular probation);
  • allowing contact with a previously restricted person(s).

There are a variety of terms and conditions that are attached to every supervised release sentence.  Because Florida exercises what is a called a “zero tolerance” policy, almost all violations of supervised release will result in immediate incarceration on a no-bond hold and violation of supervised release proceedings. Conversely, someone sentenced to supervised release who has complied with the terms and conditions may move to terminate their supervised release early.

Even though the standard of proof is lower, the rewards are often worth the price of the attempt to modify the terms and conditions of supervised release. Supervised release pertains to pre-trial (such as bond conditions) and post sentencing (such as probation)

 

Violation of Supervised Release:

In Florida, community control is a term of art used to describe house arrest. House arrest is just as it sounds – a person is under arrest at their house.  It is astounding how many people accept this alternative to prison, and end up going to prison because they could not comply with staying at home.

A person who is accused of violating supervised release will be facing the same maximum sentence they would have faced had they gone to trial.  The major difference is that at a violation of supervised release hearing, the standard of proof is much lower than it would have been at trial, AND there is no jury.  The person’s fate is entirely left to the whims of the presiding Judge.  

Clearly, whether it is representation at a violation of supervised release, or at a hearing to terminate probation, or to convert community control to probation, the services of a tried and proven attorney are invaluable.  I have handled hundreds of these types of matters and would be glad to provide my expertise and knowledge to your matter.

Contact Us to learn how we can help.

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