Regular readers of this forum may recall the Violation of Probation proceeding against client “K.C.” which went to a vigorously litigated trial on last month. Here’s a refresher for those who missed the article appearing in December:
On Friday, December 20, 2024 the Violation of Probation charge against Jonathan “Jay” Kirschner’s client was dismissed at the conclusion of a vigorously contested trial in St. Lucie County, Florida.
…the sworn testimony given by the State’s two (2) witnesses fell apart under withering cross-examination by Kirschner—-to the point that when the Judge issued his Order dismissing the warrant entirely, he advised Kirschner’s client to find a way to be supervised by some other probation officer in the Orlando office, “given the officer’s testimony” at the hearing. [The testimony was patently incredulous and not believable].
(A more detailed description of that hearing, as well as a discussion of how the system operates when such a violation is claimed by the State, may be found here).
The previous article failed to mention that “K.C.” was not only charged with violating his probation in St. Lucie County, but also was identically charged with violating his probation in Orange County, Florida. [The ‘twin’ probations resulted from the crime alleged against “K.C.” occurring across two (2) separate jurisdictions, and therefore resulting in twice as many charges as well as twice as many probationary terms—-though the two (2) terms ran “concurrently” with one another, i.e., at the same time.
When the case came up for trial in Orange County, Board Certified Attorney Kirschner raised a little-used and often overlooked legal doctrine known as “collateral estoppel,” arguing to the Orlando Judge the trial in St. Lucie County resulting in dismissal of all of those charges, acted to prohibit the prosecution from going forward in Orange County.
When faced with the arguments and citations to the collateral estoppel doctrine, the State was forced to concede the Orlando charge was “barred,” and they requested the Trial Court to DISMISS the Orlando claims.
Needless to say, Kirschner did not object to the State’s motion to dismiss. “K.C.” instead of facing jail or prison time, returned to his probation unscathed.
Have Your Been Served a Violation of Probation Felony Warrant?
If YOU are the victim of an unfair claim of violating your probation, Call Jay Kirschner at the Fort Pierce criminal law firm of Jonathan Jay Kirschner, Esq., & Associates @ 772.489.8501. Jay’s an experienced Board Certified Criminal Trial Specialist based in the Treasure Coast, who frequently represents clients throughout the State of Florida.