JACKSON V. STATE, 881 SO.2D 666 (FLA. 5TH DCA 2004)

George Carson Via

Case Conclusion Date:January 1, 2004

Practice Area:Criminal Defense

Outcome:Denial of motion to dismiss probation violation affidavit form reversed on appeal. As a result, hundreds of VOPs were dismissed until the form was fixed.

Description:I argued a motion to dismiss an affidavit of violation of probation because the affidavit was not sworn to. Judge Munyon denied the motion and the 5th DCA reversed. The affidavit form had been in use for many years and so hundreds of VOP affidavits were dismissed.