Amanda Bynes DUI Arrest

Former Nickelodeon Star, Amanda Bynes, was arrested this week for Driving Under the Influence after police determined that Bynes was under the influence of an “unknown drug.” California Highway Patrol allegedly observed Bynes’ vehicle stop in the middle of the intersection after approaching a red light. CHP pulled Bynes over and requested that she perform field sobriety exercises, which she was allegedly unable to complete.

Bynes is reportedly due in court on October 23, 2014.

While Bynes’ recent arrest would typically be charged as a misdemeanor offense, there are some complications in light of the fact that Bynes was sentenced to three years of probation in February stemming from her 2012 DUI arrest.

In Florida, a Second DUI within 5 years of a prior DUI conviction is punishable by 10-270 Days in county jail, a fine of $1,000-$2,000, probation of up to 1 year, 5 years of a driver’s license suspension, 30 days of vehicle immobilization, and 1 year of ignition interlock.

Additionally in Florida, a new arrest while on probation could lead to a violation of probation on the prior charge. This means that in addition to facing criminal liability on the new charge, probation could be terminated as “unsuccessful,” and the original sentence on the underlying crime (in this case it would be the first DUI) could be reinstated.

A Florida criminal defense attorney can review a violation of probation case and determine the proper steps to be taken in defending the VOP. Sometimes, attorneys are able to file motions for in court surrender to avoid jail, or to negotiate with the state attorney to have the terms of probation reinstated. Each case is different. Anyone facing a probation violation in Florida should contact a Florida criminal defense lawyer.

Further, anyone charged with a DUI in Palm Beach County should contact a Palm Beach Criminal Defense Lawyer to review their defense options.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

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Florida VOP Arrests

Miley Cyrus made news this week when she brought an allegedly homeless man as her date to the MTV Video Music Awards.

Unfortunately, after the VMAs, research has revealed that the man has a troubled past, including warrants for his arrest and probation violations. One report reveals that the district attorney in Oregon filed a motion to revoke the man’s probation after he allegedly failed to report to his probation officer, used controlled substances, failed to submit to a urine test, and failed to complete his court ordered classes and community service hours.

In Florida, similar results will stem from a Florida probation violation. Florida Violations of Probation typically occur when someone has not timely completed the terms of their probation (such as community service hours), when someone fails to report to their probation officer when scheduled or when requested, when someone tests positive for a controlled substance during random alcohol and drug testing that is a term of their probation, or when someone is arrested for a new crime while they are already on probation.

Palm Beach County probation officers can have a person arrested in their office for a positive drug test. If the person stops reporting to the probation officer, the probation officer can request the judge to issue a warrant for that person’s arrest. Once arrested, the defendant could be held no bond, depending on the judge and the charge.

Florida VOPs will usually require either one or two hearings, depending on the reason for the violation. The court will ultimately have to determine if the reason for the alleged violation was substantive (such as being arrested for a new crime) or technical (such as a positive drug test or failure to report). The sentence for a violation of probation could be up to the maximum penalty under the original charge from which the probation stems.

A Florida criminal defense attorney can review a violation of probation case and determine the proper steps to be taken in defending the VOP. Sometimes, attorneys are able to file motions for in court surrender to avoid jail, or to negotiate with the state attorney to have the terms of probation reinstated. Each case is different. Anyone facing a probation violation in Florida should contact a Florida criminal defense lawyer.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.