Home -> Law Blog Directory -> Criminal Law Blogs -> JAABlog

Criminal Law

: JAABlog

JANE FISHMAN QUIBBLES WITH TRIBBLE

By Jeffrey Ivashuk

Does Tribble apply to misdemeanors as well as felonies?  Some County Judges want to know whether they can still offer withholds and court costs without a probation component.Judge Jane Fishman writes:"(T)his Court certifies the following question to the Fourth district Court of Appeal as a question of great public importance:WHETHER THE FLORIDA STATUTES AND RULE 3.760 REQUIRE A COUNTY COURT JUDGE TO PLACE A DEFENDANT ON PROBATION FOR A TRAFFIC CRIMINAL SECOND DEGREE MISDEMEANOR WHERE THE DEFENDANT RECEIVES A WITHHELD ADJUDICATION, HAS FULLY COMPLIED WITH ALL STATUTORY TRAFFIC REQUIREMENTS THEREBY EVIDENCING FULL REHABILITATION AND THE PROTECTION OF THE INTERESTS OF SOCIETY, WHEN THE ONLY STATED PURPOSE OF PROBATION IS TO COMPEL THE PAYMENT OF COSTS WHICH ARE ALREADY STATUTORILY COMPELLED WITHOUT THE IMPOSITION OF PROBATION, THEREBY SUBJECTING DEFENDANT TO ADDITIONAL COSTS, LIMITATIONS, AND ANCILLARY CONSEQUENCES WITH NO GOAL OTHER THAN REVENUE ENHANCEMENT?"FISHMAN'S ORDERS DENYING STATE'S REQUEST FOR PROBATION:Failure to Register vehicleDWLS with Knowledge4TH DCA:Tribble                                                "The trouble with Tribble's case...continue to full post

Full post as published by JAABlog on July 24, 2008 (boomark / email).