A Violation of Probation (VOP) can be either substantive or technical. A substantive violation means a new criminal charge and a technical violation means that a condition has been broken or not followed but there is no new criminal offense.
Violation of Probation Substantive Charge Dismissed
Tampering With Evidence - Hard to Swallow
Tampering with evidence is a criminal offense in Florida. Tampering with evidence is a third degree felony; the maximum penalty is five (5) years in prison and/or a $5,000 fine. To prove tampering, the State has to prove that a person while knowing that a criminal trial, proceeding or an investigation has begun or is about to be started, then alters, destroys, conceals or removes anything with the intent to impair its credibility, availability or use-ability in trial. Many times tampering is not what is shown by the entertainment industry like fabrication or threatening a witness; instead several tampering cases begin at the all important traffic stop and escalates when an officer thinks that evidence is tossed, thrown or eaten.
Criminal but Civil Penalty - Solicitation of Prostitution
In August 2014 I wrote about a Florida Court finding that in criminal cases of solicitation of prostitution the mandatory civil penalty ($5,000) is unconstitutional. Since then the matter has continued to be fought in courts. People who picked up charges of soliciting could still have imposed this penalty but depending on their representation, the sentencing court could have deferred imposing the penalty, left open the possibility of removing the fine or refused to impose the penalty all together.
Traffic Stops and Vehicle Searches
In criminal cases, searches resulting from vehicle stops have been hotly litigated since the automobile became available to the public in mass. Since cars are mobile and not as private as your home, the Supreme Court has interpreted the constitution to give vehicle searches and seizures less protection.
