Judge added 4 conditions to a (YO w/held adjud) CC/probation sentence w/o deft present on DOC motion in 2001. The order reads RELEASE ORDER; states "The above named defendant  was hereby Ordered Released by" judge "as the defendant was not present in court for a motion by Probation and Parole for clarification of omitted special conditions..." CC/probation continued through 2006 VOP, when the deft was adjud & sentenced to 5 years DOC. All cases are listed on RELEASE ORDER, signed by Circuit Judge. Is the deft legally on CC/probation once a RELEASE ORDER is signed? If so, what does a RELEASE ORDER do? Can a deft legally waive the right to appear before the Court under such circumstances? Is the resentencing double jeopardy? Thank you!
Generally the Defendant is required to be present, especially for substantive modifications, but every case is unique.
Sadly I cannot offer you a reasonably informed opinion based solely upon your proffer (and noting that I do not speak for anyone else, I do not expect that any of my colleagues will be able to give you a responsible and competent answer based solely on your proffer either).
My advise: Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time and bring with you complete copies of all sentencing documents (original and modified), together with a print out of the Clerk's docket and any DOC motions which were filed and Orders entered thereupon. Physical review of these materials is, in my opinion, a condition precedent to answering your question.
Still, I hope that I have been helpful in guiding you toward an answer to your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
I have to read what you are talking about and ask numerous questions to be able to answer. Go see a criminal defense attorney near you.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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