Posts Tagged ‘Check Fraud’

Judge rules Casey Anthony must return to Orlando and serve 1 year of probation

A week after  hearing arguments from both the prosecution and the defense and with input from the Department of Corrections, Judge Belvin Perry has ruled that Casey Anthony must return to Orlando on or before August 26th to begin serving one year of probation for her check fraud case.  Her probation will begin as soon as she reports.  In support of his order, Judge Perry wrote, “It is clear the court stated the defendant’s probation was to start once she was released from jail.”  He continued, “To permit the Defendant, whose counsel was well aware that the probation was to begin upon the Defendant’s release from jail, to avoid serving probation now, would take a lawfully imposed sentence and make it a mockery of justice.  This would allow a defendant to take advantage of a scrivener’s error and be rewarded. This is not the message the courts want to send to the public or defendants.”

Judge Perry did make an exception to Anthony’s probation.  He authorized the Department of Corrections to keep her address private while she is on probation.  In support of this he wrote, “This Court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the Defendant.”

The complete order may be seen here: Order denying defense’s motion to quash, vacate and set aside court’s order of probation.

Will the defense appeal this ruling or will Casey Anthony report as directed?  Stay tuned…

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Judge Belvin Perry says issue of whether Casey Anthony must return to serve a year of probation on her check fraud case is “a mess”

“If anything could go wrong, it went wrong here.”  That is what Judge Belvin Perry said after hearing over an hour of arguments from both prosecution and defense attorneys.  Judge Perry ended the hearing without a ruling.  The Judge said he needed more time to decide whether or not Casey Anthony must return to serve 1 year of probation on her check fraud case.  He did not say when he expected to have a ruling.

At the hearing, defense attorneys argued that Anthony had already served her term of probation while she was incarcerated.  Therefore, if she were required to serve probation now, it would constitute double jeopardy.  The defense further argued that any amendment to Anthony’s sentence must have been done within 60 days of her original sentence back in January of 2010 and that the court now lacked jurisdiction to go back and change or modify the order.

Department of Corrections officials explained that they believed the sentence required Anthony to serve the probation while she was in jail awaiting her murder trial and that she had, in fact, completed her probation.

The prosecution argued that the failure by the Trial Judge to put the words, “upon release” was a scrivener‘s error and therefore could be amended by the Judge without causing double jeopardy.

Judge Perry called the case, “a legal morass” and “a mess.”  To be continued…

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Casey Anthony ordered to serve probation in check fraud case

Orlando Circuit Court Judge Stan Strickland has signed an amended court document ordering Casey Anthony to serve one year of supervised probation on her check fraud case number 2008-CF-013331-A-O.  Under the order, Casey Anthony must report to Orange County within 72 hours.

On January 25, 2010, Anthony was sentenced on 13 counts of fraud while she was in jail pending her trial for the murder of her daughter, Caylee Anthony.  At that time, the sentence was 412 days in jail with credit for time served of 412 days, 1 year probation and court costs.  The original document sentencing Anthony back in Jan did not have the important words, “upon release” after the imposed requirement of 1 year of probation.

The new order by Judge Strickland, imposes 1 year of probation, $20 per month in cost of supervision and $348 in court costs.  Additionally, Anthony may not leave Orange County Florida without the permission of her probation officer.

The order can be seen here: Casey Anthony – Order

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