LEGAL ANSWERS BY ROBERT HAMBRICK

Q: Is it possible that a person could go back to court for early termination even if the judge said no early terms, if you have: been placed on house arrest followed by probation and had been on good behavior?

A: Robert’s answer: The objective would be to show the sentencing judge that circumstances have changed since he ordered no early termination as a condition of the court imposed probation.

Most judges in Florida will not entertain any motion for early termination unless the following conditions are met:
1. Half of the probationary period has been completed.
2. There have been no technical nor actual violations of probation during that time.
3. All restitution has been paid.
4. All court costs and costs of supervision have been paid.
5. All conditions of probation that the judge ordered have been successfully completed.
6. The probation officer and the prosecutor do not object to early termination of probation.
Answered 14 days ago.

Q: How does the statue of limitations work on a conspiracy charge?: I was given a target letter one year ago, then indicted this year for a conspiracy charge for a place I havent had any affiliation with in over 8 years. how will the statues work with this?

A: Robert’s answer: The statute of limitations limits the time frame within which the Government may proceed in a criminal case. The underlying statue varies by the charged offense. However, when the Government alleges that there was a criminal conspiracy the typical standards for the statute of limitations becomes much more flexible in that a conspiracy charge is often deemed to be continuing enterprise.

In fact, the Government and federal courts often assert that the only way to stop one’s involvement in an alleged continuing conspiracy would be to inform the DEA, FBI or other government agents about the conspiracy and that you are now no longer a part of it. This rule often allows the government to sidestep and expand traditional notions of limited time in applying the statute of limitations.

Q: Can I be charged criminally for an item not included on the seizure receipt on a search warrant?: I recently had a search warrant served on me by the FBI related to a fraud investigation. During the search they discovered and took possession of two containers of Marijuana (the local Sheriffs participating). Nothing came of it then but two days ago (2 weeks later) I get arrested on Possession w/Intent to distribute. I recently went back and reviewed the seizure receipt and noted that the Marijuana was not on it.

A: Robert’s answer: The Government is not precluded from pursuing charges just because FBI agents may have inadvertently failed to place specific evidence on the seizure receipt left at your home. The FBI and the local deputies clearly took note of the marijuana found. Later in the process your defense lawyer will gain access to further information about the case including the police reports which will reference the drugs found as well as whatever pertinent evidence may have been found concerning the underlying fraud investigation which the Government may still be pursuing.

The real issue at this time is what justifications, if any, the FBI gave in the search warrant for the search itself and whether that information was timely and valid.