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08-03-2011, 09:16 PM
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It's just so frustrating, she is like the rat who grabs the cheese but misses the trap....................over and over again... 
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08-03-2011, 09:18 PM
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Board Certified Criminal Trial Lawyer
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I predict the State will not oppose the Defense motion to dismiss the VOP for lack of jurisdiction and double jeopardy. That Judge Perry will simply shrug and say if State doesn't have a problem with it, I don't. And she will once again get off as if she did nothing.
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08-03-2011, 09:21 PM
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Former Member
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Quote:
Originally Posted by rossva
The probation officer met with her in person once, and they say followed up with phone calls. The probation officer knew Casey Anthony was incarcerater, therefore, to meet with her in person, would have to go to the Orange County Jail. The phone calls should count, as probation officers have huge leeway to set their own meeting rules. But, if they don't, it is the probation officer who would be at fault, not Casey Anthony.
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The judge through case law, not the probation department decides whether the probation order was carried out.
Right now they are in a position of determining if she served her probation. The lawyers all over the net disagree on this. Only Judge Perry will be the one to decide. The probation as it is described is an administrative probation which was not what was ordered by the court.
Now, I have already said because of the time delay, this order may not fly. But a thorough and full investigation of how time was calculated certainly is within the 60 day time limit and Casey may just wish that Mason let her go on probation for a year. Any calculation of the days for purposes of Judge Perry's Order can be amended. And worst case Casey could be back behind bars.
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08-03-2011, 09:22 PM
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Quote:
Originally Posted by Talina
Diane Dimond and JVM apparently are not aware that Florida law states that verbal sentencing takes precedence over written sentencing if there is a discrepancy. Also, probation is supposed to be "tolled" if the convict is being held on other charges. Read R. Hornsby's blog - he goes over this is nice detail about what the Florida law is regarding all of this.
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Bolding mine.
Agreed. Just heard the same from another FL lawyer. So it seems that what this all boils down to is a clerical error on the part of the Clerk of Court. Hard to believe that something of such monumental impact can be chalked up to 'clerical error'. Seems there should be some 'check' in place to keep this kind of thing from happening. Apparently not.
Wow. Just wow.
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08-03-2011, 09:22 PM
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Quote:
Originally Posted by rhornsby
I predict the State will not oppose the Defense motion to dismiss the VOP for lack of jurisdiction and double jeopardy. That Judge Perry will simply shrug and say if State doesn't have a problem with it, I don't. And she will once again get off as if she did nothing.
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It's just sickening!
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08-03-2011, 09:22 PM
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Quote:
Originally Posted by krkrjx
Casey's total days in jail at the time of sentencing on the lying charges was slightly over 1000 days.
Her sentence on the lying charges was 1460 days.
WTH?
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And she was given credit for time served on the check charges for over 400 of those 1000 days.
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08-03-2011, 09:23 PM
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On Time Out
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How can one be on probation in jail and get credit for time served while doing it? This is incredulous. Perry let her run her fraud charges and her probation with the Lying to LE charges.
Could he have given her probation on a misdemeanor? If so, why didn't he? The only circus I see if the Defense Attorneys in this country spinning the courts to their liking using way too many laws to spin it. Somebody oughta clean out the law cupboards. They are overflowing.
I have never heard of serving a probation in jail or getting credit for your new crimes while doing it.
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08-03-2011, 09:25 PM
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Quote:
Originally Posted by Little Black Dress
Bolding mine.
Agreed. Just heard the same from another FL lawyer. So it seems that what this all boils down to is a clerical error on the part of the Clerk of Court. Hard to believe that something of such monumental impact can be chalked up to 'clerical error'. Seems there should be some 'check' in place to keep this kind of thing from happening. Apparently not.
Wow. Just wow.
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Geat to know they are all so careless with details isn't it?
Good thing they're not Surgeons, there'd be bodies knee deep around them by now.
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08-03-2011, 09:26 PM
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man.
man oh man oh man.
I made ALL the wrong career choices. LOOK how heinous crimes pay! 
__________________
KTCA : Karma Target Casey Anthony. 
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08-03-2011, 09:27 PM
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On Time Out
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Quote:
Originally Posted by Little Black Dress
Bolding mine.
Agreed. Just heard the same from another FL lawyer. So it seems that what this all boils down to is a clerical error on the part of the Clerk of Court. Hard to believe that something of such monumental impact can be chalked up to 'clerical error'. Seems there should be some 'check' in place to keep this kind of thing from happening. Apparently not.
Wow. Just wow.
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I want to know when this mailing of the DOC letter of congratulations was made....and what address was used. This may be a computer generated occurrence and it went to her Orlando Addy. If so that would prove they was no close watch on this probation.
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08-03-2011, 09:29 PM
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On Time Out
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Quote:
Originally Posted by ZsaZsa
Geat to know they are all so careless with details isn't it?
Good thing they're not Surgeons, there'd be bodies knee deep around them by now.
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I've see this miscalculations often. Of course it is only brought up for battle when it is not in the inmates' favor
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08-03-2011, 09:36 PM
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Will the hearing on friday be televised?
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08-03-2011, 09:37 PM
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Child Advocate and Activist
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Quote:
Originally Posted by Kavya01
man.
man oh man oh man.
I made ALL the wrong career choices. LOOK how heinous crimes pay! |
The One who counts hasn't judged her yet ... no holy batchit moments or clerical errors where she's ultimately headed...
JMO MOO
__________________
Take My Hand, Not My Life
Every thirty minutes a child is either abused, beaten, or raped...and those are just the ones we know of.
In just a 24 hour period, 8,000 children will be abused. Four to five of them will die.
Lisa Haleigh Kyron Caylee Ayla Molly JonBenet Trenton Sabrina Riyla Shakira Aliahna Jorelys Aliayah Zahra Sky...
Last edited by vlpate; 08-03-2011 at 09:47 PM.
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08-03-2011, 09:37 PM
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On Time Out
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Quote:
Originally Posted by rhornsby
I predict the State will not oppose the Defense motion to dismiss the VOP for lack of jurisdiction and double jeopardy. That Judge Perry will simply shrug and say if State doesn't have a problem with it, I don't. And she will once again get off as if she did nothing.
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I don't understand this double jeopardy malarky. Are you saying it's double jeopardy regarding probations too? You've got to be kidding?
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08-03-2011, 09:43 PM
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Quote:
Originally Posted by Whisperer
I don't understand this double jeopardy malarky. Are you saying it's double jeopardy regarding probations too? You've got to be kidding?
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yes. it is also double jeopardy. no one can be made the serve the same sentence twice.
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08-03-2011, 09:44 PM
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On Time Out
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Probation in jail? Somebody should notify tommy croslin..
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08-03-2011, 09:52 PM
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On Time Out
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Quote:
Originally Posted by askfornina
yes. it is also double jeopardy. no one can be made the serve the same sentence twice.
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I haven't even seen her serve it once yet...
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08-03-2011, 09:54 PM
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WS Administrator
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Quote:
Originally Posted by rhornsby
I predict the State will not oppose the Defense motion to dismiss the VOP for lack of jurisdiction and double jeopardy. That Judge Perry will simply shrug and say if State doesn't have a problem with it, I don't. And she will once again get off as if she did nothing.
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Concur completely.
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08-03-2011, 09:56 PM
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Ive got splinters..in the windmills of my mind......
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Quote:
Originally Posted by Little Black Dress
Bolding mine.
Agreed. Just heard the same from another FL lawyer. So it seems that what this all boils down to is a clerical error on the part of the Clerk of Court. Hard to believe that something of such monumental impact can be chalked up to 'clerical error'. Seems there should be some 'check' in place to keep this kind of thing from happening. Apparently not.
Wow. Just wow.
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Imo
If that's the case, then it should be noted as such, an error and things should be adjusted accordingly. I won't hold my breath though...it's so disappointing.
__________________
Providing domestic support and love to LE for 18.5 yrs and counting.. 
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08-03-2011, 09:56 PM
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On Time Out
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Richard H and JBean....I was hoping for an optimistic outcome from you two.
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08-03-2011, 09:58 PM
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Quote:
Originally Posted by Whisperer
I haven't even seen her serve it once yet...
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check out post number 200 in this thread for a more detailed explanation snipped from the ask a lawyer thread 
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08-03-2011, 10:01 PM
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Quote:
Originally Posted by Whisperer
Richard H and JBean....I was hoping for an optimistic outcome from you two. |
OK here ya go. Due to all the scrutiny, DOC will review time served and find another error decreasing her time served credit by 365 days. The probation issue will take a back burner and she will be remanded to the county jail for a period NTX one year and will not be eligible for good time/work time.
How's that?
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08-03-2011, 10:05 PM
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Registered User
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Quote:
Originally Posted by JBean
OK here ya go. Due to all the scrutiny, DOC will review time served and find another error decreasing her time served credit by 365 days. The probation issue will take a back burner and she will be remanded to the county jail for a period NTX one year and will not be eligible for good time/work time.
How's that?
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Ha! Works for me! Do you have 'connections'? 
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08-03-2011, 10:13 PM
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On Time Out
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Quote:
Originally Posted by JBean
OK here ya go. Due to all the scrutiny, DOC will review time served and find another error decreasing her time served credit by 365 days. The probation issue will take a back burner and she will be remanded to the county jail for a period NTX one year and will not be eligible for good time/work time.
How's that?
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Now that's more like it. I knew you could do it. 
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08-03-2011, 10:13 PM
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Quote:
Originally Posted by SilkySifaka
IIRC if you are in solitary you get 2 days for every 1 day served in the calculations. ZThat was from during the sentencing, no idea how to find the quote tho
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She wasn't in solitary though. She was in protective custody. Is that the same thing?
eta: oops I see rotterdam beat me to it
Last edited by Ada; 08-03-2011 at 10:14 PM.
Reason: Oops
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