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04 Oct 2012

VOP Dismissed Due to Lack of Jurisdiction

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TM was sentenced on April 28, 2006, for the offense of violating an injunction against domestic violence. He was sentenced to one year of probation, but also required to serve 180 days injail consecutive to other sentences. He was released from jail on August 21, 2006, and reported to Martin County Probation the following day.

TM was compliant with his probation, until a VOP warrant issued on March 23, 2007, alleging “victim” contact in violation of a probation condition. TM retained Jeffrey H. Garland before being arrested on March 26, 2007.

The day following TM’s arrest, Attorney Garland filed a Motion to Dismiss Violation of Probation Warrant Due to Lack of Jurisdiction. Garland contended that the combination of jail and probation could not exceed the maximum one-year penalty. County 185 days forward from the August 21, 2006 release date, Garland contended jurisdiction lapsed on or about February 23, 2007.

Judge Stewart Hershey granted dismissal on April 10, 2007.

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