Will Casey face probation?

[logicalgirl]

And what about the needs of society here? That is part of probation also.

I didn't say no need for probation - I agree - society needs/owes to know where she is and what she is doing. I said administrative probation, which is basically "hidden" probation.

 

[pip]

If Judge Strickland's verbal order and recent clarification are held up as legal and FCA still gets a free pass despite... Whoa.. can't you see every incarcerated person in Florida will argue they have already served their probation while incarcerated? HHJP can't set this precedence. I think she will get Administrative Probation as a compromise for her 'safety'. Easy peasy. The murderer will get special treatment...AGAIN.. is my guess.

 

[dog.gone.cute]

Here is my :twocents:

I have been trying to make "sense" of all this "Probation" discussion, and this is what I have come up with.


Sentencing Hearing 7-7-11

I went back to find a video from the "Sentencing Hearing" ...

see http://www.wesh.com/casey-anthony-ex...082/video.html


*Remember ... the DT was "arguing" that it was "one count" (which they have appealed) ... BUT

Judge Perry stated are "4 SEPARATE AND DISTINCT LIES" ...

Count 4: False info to LE -- CFCA lies about "employment at Universal Studios".

Count 5: False info to LE -- CFCA lied about dropping off Caylee with "babysitter, Zanny, at Sawgrass Apts".

Count 6: False info to LE -- CFCA lied about "2 employees at Universal Studios -- Jeff Hopkins and Juliette Lewis -- about disappearance of Caylee".

Count 7: False info to LE -- CFCA lied about "receiving a telephone call and spoke to Caylee on July 15, 2008".

Per Judge Perry's "Sentencing on the Lying to LE Counts":

1 Year for Each Count ...
$1,000 for Each Count ...
Each Count to Run CONSECUTIVELY ...

Now ... when JP was discussing the "sentence" for the Lying to LE, I do NOT recall JP -- or anyone else -- mentioning the "sentencing" from the Check Fraud Case. JP discussed "gain time" and "good behavior" ... but NOTHING about the check fraud that I recall.

Is this correct ? I don't recall JP discussing the Check Fraud Case at the Lying to LE Sentencing Hearing.


Check Fraud Case 1-25-10

snipped from http://www.wftv.com/news/22316847/detail.html

"We are asking for adjudication on all [13 counts] and a straight prison sentence,” state prosecutor Frank George stated.

“She’s charged with 13 separate crimes or offenses as a result of the four stolen checks,” Judge Strickland said after hearing both sides’ arguments. “On counts 3, 6, 9 and 12, those are the forgery counts, there is going to be an adjudication of guilt and time served is 412 days.”

Strickland also adjudicated guilt on counts 1 and 2 with time served.

“As for the four counts of uttering a forged check, 4, 7, 10, 13, and as to counts 5, 8, 11, three of the four fraudulent use of identification counts, the court is going to withhold adjudication with time served and one year of supervised probation,” Judge Strickland said. “I've done what I think is fair based on what I know.”


Per Judge Strickland for Check Fraud:

412 Days for Check Fraud ...
One Year of Supervised Probation ...


:waitasec: I think Judge Perry needs to go back and re-assess the time served for the Check Fraud and what he ordered to be SERVED for the LYING TO LE ... and re-calculate these numbers ... as well as "order" CFCA to serve "Supervised Probation".

:waitasec: I am not a "mathemetician" so I do not know how to count the numbers ...

But in "my opinion" ... I think there was a BIG ERROR made at the Sentencing Hearing when they did NOT factor in the fact that 412 Days of "time served" was for Check Fraud ...

CFCA canNOT serve the 1 Year for each Count of Lying to LE -- 4 years total -- "concurrently" along with the previous 412 Days that Judge Strickland ordered for the Check Charges ... Judge Perry ordered CONSECUTIVELY for the 4 Years Lying to LE so he MUST re-calculate and re-assess the figures ...

I hope this made sense ... this case is still "wearing me out" ....

MOO MOO MOO ...

 

[lauriej]

Snowdaze I agree with you and I think Judge Perry is up for reelection in 2012.

http://www.ninthcircuit.org/news/press_details.asp?id=216

----snipped----

Judge Belvin Perry, Jr. Re-Elected as Chief Judge

February 3, 2011

ORLANDO—In a unanimous vote, the Judges of the Ninth Judicial Circuit have elected the Honorable Belvin Perry, Jr., to an eighth term as Chief Judge. Chief Perry will serve from July 1, 2011 to June 30, 2013

 

[logicalgirl]

Oh fantastic! At least something in the State of Florida is working right!!!

 

[Searchfortruth]

I think that Judge Perry will try to side in the middle here. Like the sentence for lying to LE, I think he will give her Administrative Probation. Therefore, the main news headline will be that Casey gets Probation, and the last paragraph of the story will explain that it really means nothing. I would like to see him give her regular probation, just like every other offender would have to face (but, I gave up on hoping, for what I would like to have happen, after the verdict).

 

[RR0004]

I think that Judge Perry will try to side in the middle here. Like the sentence for lying to LE, I think he will give her Administrative Probation. Therefore, the main news headline will be that Casey gets Probation, and the last paragraph of the story will explain that it really means nothing. I would like to see him give her regular probation, just like every other offender would have to face (but, I gave up on hoping, for what I would like to have happen, after the verdict).

But...I thought according to RH that there is something illegal(?) about that...and isn't administrative probation half straight probation and the other half the administrative kind? I'm sooo confused!

 

[MissJames]

But...I thought according to RH that there is something illegal(?) about that...and isn't administrative probation half straight probation and the other half the administrative kind? I'm sooo confused!

There are stipulations to serving administrative probation,IIRC.At least the first half has to be direct supervision probation.

It's a sticky wicket for HH . I still think he's one of the best judges around ,even if I believe there were mistakes.

Casey needs to return to Orlando . They have a vested interest in seeing this through.JMO

 

[sweetmop]

I think that Judge Perry will try to side in the middle here. Like the sentence for lying to LE, I think he will give her Administrative Probation. Therefore, the main news headline will be that Casey gets Probation, and the last paragraph of the story will explain that it really means nothing. I would like to see him give her regular probation, just like every other offender would have to face (but, I gave up on hoping, for what I would like to have happen, after the verdict).

I gave up too the day the verdict was read!
Makes me :sick:!
I'm just ready to hear of more special treatment for the aquitted murderer!:banghead:

 

[Horace Finklestein]

http://www.ninthcircuit.org/news/press_details.asp?id=216

----snipped----

Judge Belvin Perry, Jr. Re-Elected as Chief Judge

February 3, 2011

ORLANDO—In a unanimous vote, the Judges of the Ninth Judicial Circuit have elected the Honorable Belvin Perry, Jr., to an eighth term as Chief Judge. Chief Perry will serve from July 1, 2011 to June 30, 2013

That's awful.

 

[rotterdam]

But...I thought according to RH that there is something illegal(?) about that...and isn't administrative probation half straight probation and the other half the administrative kind? I'm sooo confused!

Miracleshappen on the lawyers thread went into great humorous detail on that, stressing the absurdity of it all... Post 1119. A classic. Still cleaning off my keyboard of sticky O.J after reading that post.

 

[rotterdam]

There are stipulations to serving administrative probation,IIRC.At least the first half has to be direct supervision probation.

It's a sticky wicket for HH . I still think he's one of the best judges around ,even if I believe there were mistakes.

Casey needs to return to Orlando . They have a vested interest in seeing this through.JMO

I still like to know why HHJP awarded 1043 days time served towards that lying sentence. May be there is a logical explanation for that,which I fail to see since I do not believe it was done in error. HHJP is way too intelligent for that.

 

[Searchfortruth]

But...I thought according to RH that there is something illegal(?) about that...and isn't administrative probation half straight probation and the other half the administrative kind? I'm sooo confused!

That's the way I understand it RR. Also, from what I am reading, the split sentence (Administrative Probation following successful completion of half of the supervised probation) has to be authorized when Probation is initially imposed (Judge Strickland would have had to order it).

 

[Sweet Fox]

That's the way I understand it RR. Also, from what I am reading, the split sentence (Administrative Probation following successful completion of half of the supervised probation) has to be authorized when Probation is initially imposed (Judge Strickland would have had to order it).

That’s my understanding too. Florida Law: 948.012 Split Sentence of Probation or Community Control and Imprisonment.

(1) Whenever punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court, in its discretion, may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence which may include a term of years or less. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court. The period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances.

http://law.onecle.com/florida/criminal-procedure-and-corrections/948.012.html

 

[MissJames]

I still like to know why HHJP awarded 1043 days time served towards that lying sentence. May be there is a logical explanation for that,which I fail to see since I do not believe it was done in error. HHJP is way too intelligent for that.

I know! Pick a case ,any case to cite and he can tell you most of the details. Amazing!

 

[logicalgirl]

I know! Pick a case ,any case to cite and he can tell you most of the details. Amazing!

I think for sure he was relying on information he was given from the jail. It's like when he looks up case law. He expects his sources to be as credible as the law precedents he looks up his cases is.

 

[krkrjx]

Miracleshappen on the lawyers thread went into great humorous detail on that, stressing the absurdity of it all... Post 1119. A classic. Still cleaning off my keyboard of sticky O.J after reading that post.

Miracleshappen is right on the money, IMO!

I do not have a problem with good time/gain time for Casey if she is entitled to it by law. However, she got good/gain time applied to the full 1043 days she was in jail. It should have been applied only to the 412 days that she was actually serving a sentence.

Time off for good behavior and gain time do not apply to a person in jail awaiting trial or awaiting sentencing.

There is a law that says once credit for time served is awarded it cannot be taken back even if it was awarded in error. But that law, as far as I can tell, does not include good behavior time/gain time awarded in error.

The judge has to fix this. He is by the book in so many ways, it would be sad indeed if he were to just let this go.

 

[rotterdam]

Miracleshappen is right on the money, IMO!

I do not have a problem with good time/gain time for Casey if she is entitled to it by law. However, she got good/gain time applied to the full 1043 days she was in jail. It should have been applied only to the 412 days that she was actually serving a sentence.

Time off for good behavior and gain time do not apply to a person in jail awaiting trial or awaiting sentencing.

There is a law that says once credit for time served is awarded it cannot be taken back even if it was awarded in error. But that law, as far as I can tell, does not include good behavior time/gain time awarded in error.

The judge has to fix this. He is by the book in so many ways, it would be sad indeed if he were to just let this go.

Man, I just read the additional posts on the lawyer's thread. And came away with more questionable practices/decisions than before plus a headache.
If they would have given the whole kit and caboodle to the DT team and have them come up with a day when KC should be set free, only then would it make sense..:banghead:

Something is off is a gross understatement.

 

[scandi]

That's awful.

Me too Horace. I think he enjoyed the notoriety of the case and ran a clown court with very little respect shown for decorum. I also believe the jurors were not properly instructed or they never would have considered her punishment as they mentioned they did. :banghead::banghead: Oh yes, and IMO

 

[RR0004]

Miracleshappen is right on the money, IMO!

I do not have a problem with good time/gain time for Casey if she is entitled to it by law. However, she got good/gain time applied to the full 1043 days she was in jail. It should have been applied only to the 412 days that she was actually serving a sentence.

Time off for good behavior and gain time do not apply to a person in jail awaiting trial or awaiting sentencing.

There is a law that says once credit for time served is awarded it cannot be taken back even if it was awarded in error. But that law, as far as I can tell, does not include good behavior time/gain time awarded in error.

The judge has to fix this. He is by the book in so many ways, it would be sad indeed if he were to just let this go.

But if he gave her time served (practically) for the lying charges isn't that a sentence?