Tag Archives: Kevin J. Pitts

The Difference Between A Violation Of Probation Hearing And A Criminal Defense Trial

When a prosecutor has a weak case with serious facts they will often try to entice the accused with a probation offer. The prosecutor might want to get someone on probation because they think it is appropriate but they can also have ulterior motives. If the prosecutor can get you on probation then they no longer have to prove a violation beyond a reasonable doubt. You are also not entitled to a jury trial on a violation. If your on felony probation a violation will add points to your score sheet increasing the guideline sentence and the prosecutor can disregard the weakness of the case on the front end because once you plea you have admitted to the charge. This does not mean probation is a bad deal when the state can carry burden. It is obviously better in most cases than being in jail or prison. Although occasionally a client will prefer going to jail or prison to get supervision over with most clients prefer probation. Probation is not easy to comply with and you cannot afford a single slip up if you have a prosecutor that is looking to lock you up. Attorney Kevin J. Pitts is a former prosecutor and understands the games the State Attorney’s office plays. If you are accused of a violation of probation in Volusia County go to Daytona Beach VOP attorney. Attorney Kevin J. Pitts also handles Seminole County probation violation cases, Flagler County violation of probation cases and Orlando violation of probation cases. If you are accused of violation your probation in Central Florida contact criminal defense attorney Kevin J. Pitts at 386-451-5112 or 407-268-3688 to set up a free initial consultation. It is not uncommon for someone accused of violating probation to be held without bond. Mr. Pitts can make sure your friend or family member gets the first available bond hearing to get them out of jail as soon as possible.

Daytona Beach Resisting Arrest Without Violence Resisting An Officer Without Violence

A Daytona Beach resisting arrest without violence charge is a catch all for police. People pick up these charges for voicing disapproval, asking questions, tensing up when being hand cuffed and occasionally for displaying poor manners. While resisting an officer without violence in Daytona Beach is a serious charge these cases can be defended. Some of the common defenses deal with free speech, the officers legal right to arrest or detain, if the accused knew that the person was a police officer, if the officer was performing a legal duty, if the conduct obstructed the officer and if the officer used excessive force. Some officers have a tendency to pile on a resisting charge to give the prosecutor more to work with. Although typically a resisting without violence charge occurs when the officer feels like the accused is giving them a hard time even the Supreme Court believes police should have thicker skin than ordinary citizens. In CITY OF HOUSTON, v. HILL. 482 U.S. 451 the court stated: Although the preservation of liberty depends in part upon the maintenance of social order, the First Amendment requires that officers and municipalities respond with restraint in the face of verbal challenges to police action, since a certain amount of expressive disorder is inevitable in a society committed to individual freedom and must be protected if that freedom would survive. If you are arrested for Daytona Beach resisting an officer without violence contact criminal defense attorney Kevin J. Pitts