Violation of Probation: Lack of Jurisdiction
Mobley v. State:
A new case has hit Florida in 2016 called Mobley v. State. Read whole opinion here. What Mobley stands for is that in certain circumstances, a violation of probation does not toll the period of probation unless it’s a substantive new-law violation. In other words, if you violate a 6-month term of probation at 5 and a 1/2 months because you forgot to pay cost of supervision, then the probation period is not tolled. In other words, if you showed up for court on the violation at the 6 and 1/2 month mark, the Court lacks jurisdiction to hear the case, as probation has already terminated.
Key Language From Mobley:
Section 948.06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary period to be tolled (except when one of the other two alternatives are applicable, as is not the case here). Section 901.02 in turn requires that the warrant be for a “crime.” Here, the warrants issued were for violations of probation based on the failure to make restitution payments and a payment for drug testing. These are not “crimes.” The warrants were therefore not issued under section 901.02, and Appellant’s probation was never tolled.
An Important Case:
This case will change the outcomes of many probation violations across Florida for years to come. This case carries tremendous impact. If your criminal lawyer does not know about this case it could be the difference between a lengthy prison/jail sentence and NO CONSEQUENCES. If you think there is a Mobley issue in your case call the Smith & Eulo Law Firm today at 407-930-8912