Casey Anthony Appeal on Probation
On Tuesday, a Florida appeals court denied the request that would have stopped Casey Anthony from starting a one year probation for check fraud. The court of appeals disagreed with the argument that the enforcement of the probation order would be in violation of the constitutional prohibition on double jeopardy. Anthony's attorneys thought that she already completed the probation sentence in jail while she was awaiting trial on the murder charges. This ruling upheld a lower court's order which requires Anthony to report to a Florida probation office by noon on Friday.
After she was aquitted of murder in the death of her daughter, Anthony vanished from public view. Since Tuesday however, her criminal defense attorney says she is now back in Florida. This probation order stems from a sentence imposed in January after Anthony pleaded guilty to stealing checks from a friend. The judge said that Anthony would serve the probation upon her release, but those instructions never made it into written order. Corrections officials thought the sentence meant that Anthony could serve the probation while she was in jail.
This month, the judge clarified that Anthony must begin the probation now that she is out of jail. He then recused himself from the case and turned it over to Judge Belvin Perry, the same judge who presided over Anthony's murder trial. Perry upheld the previous judge's order, and Anthony's criminal defense attorneys appealed last week to the Fifth District Court of Appeals in Daytona Beach. Anthony's attorney said she was in Florida and would report to a probation office to start probation if the appeal failed. Shortly after Judge Perry issued his order for her to report to a probation officer, Anthony's defense team filed an appeal. They claim that forcing Anthony to serve probation again is an "illegal sentence" and puts her in harm's way especially if she must serve the probation in Florida since she has received death threats following the murder trial.
The terms of Anthony's probation include monthly check-ins with a probation officer and random searches of her home. She will also be required to have a job. Anthony could request to serve probation in another state but the other state must approve the request. It is not clear at this time whether Anthony will be able to serve her probation out of state or what measures will be taken to protect her. While her murder trial was going on, Anthony received numerous death threats. Judge Perry wrote in his order for Anthony to return to Florida, "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."
If you or some one you know has been charged with a federal crime, call one of our experienced federal criminal lawyers at The Mace Firm for a free consultation.
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If you or someone you know has been convicted of a crime and would like to have an appeal written, please call one of our South Carolina appeal lawyers to represent you. Our good federal criminal appeal lawyers have handled federal appeals for years.
