Probation

News & Analysis as of

Second Circuit Reverses Probation Sentence in Unique Case

On July 9, 2014, the U.S. Court of Appeals for the Second Circuit issued a significant sentencing decision in United States v. Park. In doing so, the appellate court handed the United States a rare, albeit hollow sentencing...more

Can Prosecutors Prohibit Legal Medication? #CriminalDefense

Whenever an individual is placed on supervised felony probation, his or her probation terms are always set out in writing. Although the wording varies slightly from county to county, without fail, there is always a specific...more

New York Court Of Appeal Rules: Laboratory Suable For False Positive Test Results

Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test. At the time of the disputed test results, Eric...more

Probation Violations In Florida

Many times a person convicted of a crime is not sent directly to prison but given a “second chance” and instead granted probation by the court. Courts are bound to follow the Florida statute that governs probation, so if...more

BB&K Police Bulletin: Probation Search - “Search Terms” Allow Officers to Search Any Area Under Probationer’s Joint Control

Overview: A California appellate court recently ruled that a peace officer could search any part of a residence over which a probationer with “search terms” as a condition of probation had joint control or access. ...more

OVDP or 50% FBAR Willfulness Penalty; It is Your Choice

The Criminal Tax Division of the U.S. Dept of Justice (DOJ)is taking the position that when a taxpayer has “willfully” failed to file a Report of Foreign Bank or Financial Account, an FBAR, and has in addition filed false...more

Your Best Outcome After Violating Probation

Florida courts often give someone convicted of a crime the probation or community control instead of jail time. Probation is granted with the understanding that the convicted person will abide by the terms and requirements of...more

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