Will Casey face probation?

[cuppy199]

Originally Posted by SilkySifaka

The buck stopped with the judge. If he didn't bother to read his order before he signed it then that is on him.

As much as KC is hated and imo got away with murder it would be a terrible precedent to have judges orders changed whenever they wanted and that means that they need to ensure they are correct.

It certainly is not the DT's fault if the judge changed the order (as far as what the paperwork said) and not their responaibilty to ask the judge. If he decided to allow it to be served in prison, you take it. Their responsibility is to the person charged/convicted. The state also fell down, as their responsibility was to make sure the orders also said what they wanted but the bottom line is the judge made an error in signing an order that was not what he wanted.

He can't (or shouldn't be allowed to) come back years later and then change it...not because of KC but because of all the other people out there who could then have orders changed or stood on their heads. That could affect actual sentences not just probation.

I disagree it human error and not every judge in every state is on camera during sentencing. It would be one thing if he wasnt cought on tape and then filed this order.In the tape it clearly says what his sentencing was it should be enforced.

[cuppy199]

Originally Posted by SilkySifaka

ITA! how people are angry at Perry and not Judge S is beyond me. He did not amend in 60 days.

Then to recuse himself and go on vacation after changing it more than a year or two later leaving the appeal to Perry is.....cowardly IMO

This order had nothing to do with my dissapointment in JP he did that all on his own when he didnt enforce his own rules in his court room.

[rotterdam]

Originally Posted by raeann

According to MANY media "experts" reports...the order typed/produced/issued by his office after the sentencing did NOT contain the instructions regarding AFTER release. Judge S. had 60 days to review and amend that order......he never did so.....time expired, moot point. The probation was begun in prison, there are records of PO visits......order never amended, or corrected. So........


In legal circles, what Judge S did is equivalent to lighting a grenade and tossing it to Judge P.....then running himself to a foxhole somewhere. Judge S. made the mistake by not checking and correcting the order and now he expects Judge P to take the heat because no matter what the decision, he will be criticized and condemned by the angry masses.

jmo

There is no evidence to believe that both Judges are not working in tandem.
Besides Judge Perry did not vacate the order.

[Murphismo]

She's not teflon folks; everybody's luck runs out at some time. We all thought her hit on the bottom would be a sprint, I think it's going to be a marathon and might take some time. No way in H-E double hockey sticks is she doing probation in Orange Co. if she does it at all. We have a better shot at the feds trying her and that's not going to happen. In the end, she will cause her own downfall. The money will run out once the initial hoopla wears off, the DT will get sick of taking care of her once she can no longer provide a meal ticket. Make no mistake, they're ONLY in it for the money. It's like gambling, every time you win you get more gutsy (stupid) and she's the sort of person that won't quit while she's ahead. In the end, she'll lose it all. I just wouldn't hold my breath for it to be tomorrow. She WILL give an interview, she WILL make money, but there are a lot of people in line for that money, and she can't sneeze without her DT, you can bet your sox they're taking a hefty cut right off the top and then there are taxes, lawsuits...

[Schu7]

I get up to find out the Florida court clown show has played another act??? What is with the lack of any justice down there???

[Horace Finklestein]

I love it that she doesn't even have to be there. Wouldn't it make sense to have her there so they can get the ball rolling if the probation is enforced?? Then again, I forgot she is Casey Anthony, why should she have to get up early and come to some courtroom? That's what the rest of us losers would have to do.

All you have to do is say it's a "circus" atmosphere and all bets are off. Nevermind this was 1/1000 of the OJ trial, and no one has been attacked/killed, etc. and information is being attained through legal means. What a "circus".

[snowdaze]

Clearly, Judge Strickland ordered her probation after release. I personally believe she should be on probation. How do they know she's been rehabbed by sitting in a jail cell? There are probation requirements that she couldn't have possibly fulfilled in jail. I hope Judge Perry can do the right thing here and protect citizens from this thief. Her attorney let her plead guilty and was present when sentenced. It shouldn't be down to what spin you can put on it. If she isn't made to get a job, she may be tempted to re-offend. IMO

[cluciano63]

Way too much "human error" in this case...it is hard to believe this is the US Court system we are talking about here...

[Murphismo]

Originally Posted by rotterdam

There is no evidence to believe that both Judges are not working in tandem.
Besides Judge Perry did not vacate the order.

politics is rotten business...... They could be working together on this, one would think so because it would really make thinks bad for HHJS working for HHJBP.....unless (and here comes by conspiricy buff), HHJS realizes HHBP really is despised right now for not calling a mistrial and DID toss him a loaded hand grenade to cause a speedier descent into non-reelection..... Then maybe HHJS will be seen as the hero, especially if HHBP quashes the order, and guess who gets reelected to maybe an even higher office?

[askfornina]

addressing the terms of probation issue in the ask lawyers thread FWIW:

Originally Posted by askfornina

if casey didn't meet all the terms of probation, for example if she wasn't drug tested, or if she did not pay for the probation in full, what effect would that have on the probation issue?

Originally Posted by AZlawyer

She did comply with the terms, and her probation was officially terminated.

[tsitra01]

Judge Strictlqnd expressed orally that she be on probation WHEN RELeASeD.
that has as much revelance as if he had it in writing. It is on video.

[dog.gone.cute]

Originally Posted by snowdaze

Clearly, Judge Strickland ordered her probation after release. I personally believe she should be on probation. How do they know she's been rehabbed by sitting in a jail cell? There are probation requirements that she couldn't have possibly fulfilled in jail. I hope Judge Perry can do the right thing here and protect citizens from this thief. Her attorney let her plead guilty and was present when sentenced. It shouldn't be down to what spin you can put on it. If she isn't made to get a job, she may be tempted to re-offend. IMO

BBM: Yes ... she will re-offend ... but more than likely she will NOT -- or NEVER -- have a job !

She is "Casey Anthony" ... she does not have to work ... she does not have to have a job ... she does not have to show up for depositions or court or probation ... she has NO responsibilties ... she can do whatever the he77 she wants to ...

[Schu7]

"IF" I got this correct, a lowest level non-court person makes the law in Florida. A lowly clerk writes up the orders. How ever he feels like it. And those orders he writes is law. So all one has to do is bribe a minimum wage county worker to get what you want. Al Capone never had it this great in Chicago for himself. He had to at least bribe 12 jurors.

[tsitra01]

How did she comply with the terms pf probation when she continued to lie while incarcerated and write letters that were passed to other inmates which is against rules?

[cuppy199]

Originally Posted by Murphismo

politics is rotten business...... They could be working together on this, one would think so because it would really make thinks bad for HHJS working for HHJBP.....unless (and here comes by conspiricy buff), HHJS realizes HHBP really is despised right now for not calling a mistrial and DID toss him a loaded hand grenade to cause a speedier descent into non-reelection..... Then maybe HHJS will be seen as the hero, especially if HHBP quashes the order, and guess who gets reelected to maybe an even higher office?

Yes politics can be rotten but on both JP and JS behave I have to say I dont believe for one minute either of them would use this case or any other case to further their career. Both of them are very highly respected and honorible judges.We cant always help the hand we are dealt and sadly they just happen to be dealt KA.

[JBean]

Originally Posted by grandmaj

That's insanity and gives me reason to hope that probation was not served because all they did was visit her once. No drug tests, nothing. Let's see what kind of records they have. I'm sure they will be required to produce them.

The reality is the court doesn't really have a say in how probation is run after they issue the order;it is up to the DOC or governing agency. It is not the courts problem or KC's problem if the probation was inadequate.It is the problem of the probationary body and they will have to deal with that internally. Think Philip Garrido.

The whole notion of serving probation in jail is counterintuitive so I am not addressing that, but how it was run by the DOC is not the courts "business" I assume KC would not be able to live with other felons while on probation-yet she just spent the last year living with plenty;so you can see there are all kinds of problems that go part and parcel with serving probation while incarcerated. Something has got to give. So if they visited her once and did not do drug testing it was because they rolled with the punches and didn't spend the time, money and/or manpower that seemed inconsequential at the time.If the probationary body says she served probation to their satisfaction-then she did.

Also,IMO if this was any other criminal this would be a non issue and would not even be addressed.

[Tiki]

Originally Posted by JSR

I have absolutely no faith that Casey will be held accountable for probation anymore than she was for the murder of her daughter. This girl is like Teflon nothing sticks to her. She will remain free to mooch off society and her DT as she has been since her release. Free to shop with other peoples money at old navy and drink her starbucks. It's disgusting what this "thing" has gotten away with.

I almost think it's a waste of time to even try to get her to be held accountable and be treated like any other normal citizen would.

But I do admire Judge S for trying to do something just seems like it's a waste, a huge waste because Casey always always I mean always gets out of her jams. This time will be no different. We are talking about Casey having gotten away with murder, getting out of probation will be no different for her.

YEs , ITA and I am for letting myself get caught up in this again.

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[Schu7]

Originally Posted by rotterdam

There is no evidence to believe that both Judges are not working in tandem.
Besides Judge Perry did not vacate the order.

There is no evidence either Judge is working - PERIOD!!!

[JBean]

Originally Posted by tsitra01

Judge Strictlqnd expressed orally that she be on probation WHEN RELeASeD.
that has as much revelance as if he had it in writing. It is on video.

It must be written in the order-but amending the order is certainly reasonable and customary.

[natsound]

Originally Posted by JSR

I have absolutely no faith that Casey will be held accountable for probation anymore than she was for the murder of her daughter. This girl is like Teflon nothing sticks to her. She will remain free to mooch off society and her DT as she has been since her release. Free to shop with other peoples money at old navy and drink her starbucks. It's disgusting what this "thing" has gotten away with.

I almost think it's a waste of time to even try to get her to be held accountable and be treated like any other normal citizen would.

But I do admire Judge S for trying to do something just seems like it's a waste, a huge waste because Casey always always I mean always gets out of her jams. This time will be no different. We are talking about Casey having gotten away with murder, getting out of probation will be no different for her.

I have to admit, it would have been nice if Judge S. had tried to correct the error before KC was released. Why the delay?

[JBean]

Originally Posted by rotterdam

I can see the logic of the probation officer meeting her only once in person. The probation dept is probably very busy with other outside clients. Kind of a duplication of efforts/waste of time to visit a probationer that is already under constant supervision by other DOC employees.

Exactly. They would be keeping tabs on those not incarcerated and it would be a waste of resources to have dogged her in jail.

[natsound]

Originally Posted by Tiki

YEs , ITA and I am for letting myself get caught up in this again.

.

.

Don't be so hard on yourself. You're obviously not alone! : seeya::s eeya:

[tsitra01]

Originally Posted by JBean

It must be written in the order-but amending the order is certainly reasonable and customary.

I have read different opinions on that by Attorneys but we will have to wait and see what JP decides.

[Murphismo]

Originally Posted by cuppy199

Yes politics can be rotten but on both JP and JS behave I have to say I dont believe for one minute either of them would use this case or any other case to further their career. Both of them are very highly respected and honorible judges.We cant always help the hand we are dealt and sadly they just happen to be dealt KA.

I sure hope you are right, I just see an absolute fustercluck of a public relations disaster aimed right at both of them......

[askfornina]

also pulled from the ask lawyers thread for all of your information, FWIW, etc:

Originally Posted by What'sThatClue

If Judge Stan Strickland signs his clarification on Monday of his prior order to place FCA on probation, and FCA is placed on probation at this point, can it be legally challenged?

(I mean, successfully challenged and overturned?)

Originally Posted by AZlawyer

Yes, it could and would be successfully challenged IMO, because she has already served the probation in jail. Even if that was a mistake on the part of the DOC, she can't be made to serve it again.

Originally Posted by rotterdam

Oh, I am so confused now. If Judge Strickland issued a specific order that probation must be served after KC's release from jail, who could trump that. Certainly not the DOC.
I would think only a higher Court could overrule a Judge's decision/ruling in his court . Or may be the Governor of Fla. can overrule.
I was always under the assumption that the Judge is the final authority/decision maker in any court room unless appealed to a higher superior court..... And his ruling must be obeyed period . I am totally lost.

Originally Posted by AZlawyer

IMO it isn't so much a matter of the DOC "trumping" the judge's order, as of the inability to make the defendant serve a sentence twice--even if it was served the first time in error. So if Casey in fact completed her probation in jail--i.e., visited with a probation officer and whatever else she was required to do (probably not much!)--then she has served her sentence and cannot be made to serve it again.