I’m sure we all woke up this morning shocked to hear that
rapper Meek Mill had been sentenced to prison time following separate arrests
while on probation. While some of you may not be aware of who Meek Mill is
(previously with Miami-based rapper Rick Ross’ Maybach Music Group and now with
Jay-Z’s Roc Nation), what happened to him on probation is what I want to
discuss.
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| Photo: Matt Rourke, AP |
In Florida, for example, a judge can sentence a defendant to
an amount of time of probation up to the maximum possible sentence the law
allows on the charge. For example, if someone is charged with a third degree
felony which is punishable by up to 5 years, the judge could sentence the
defendant to 5 years of probation.
While on probation, many limitations and requirements are
placed upon the defendant, which often lead to violations of probation. For example,
the probationer (someone on probation) must check in with the probation officer
once a month, undergo drug testing, not leave the county of residence without prior
permission, pay the costs of testing and probation, usually attend classes related
to the crime, and of course not commit any new law violations. A violation of
any one of these (or any other additional condition the judge adds) can expose
the probationer to the maximum sentence allowed under the law.
A probationer on one year of probation for a third degree
felony would be facing up to five years in prison on a violation for any of those
terms of probation. And the time served out on probation doesn’t count towards
that prison sentence.
Probation, though, also gives a judge a great deal of
flexibility. A judge can do what the judge initially did in Mill’s case: after
he violated by travelling without permission, the judge extended the probation
to 10 years (and added another 5 months in prison).
Mill continued having issues while on probation and the
judge, by my view, was a little more lenient than others with how he handled
it. In March Mill was arrested for a fight at an airport, and in October for
reckless driving. Though the March charges were dropped, he pleaded guilty to the
reckless driving charge. Those two incidents were all Judge Genece Brinkley
needed.
As Mill’s case shows, a judge can still find that there has
been a violation of probation even if the criminal charges on the new law
violation are dropped. All a judge needs is probable cause that the new
violation occurred (the same standard to make an arrest) and the judge can
modify, extend, or revoke the probation and, in the case of revocation, sentence
the probationer to a term of time in prison. Mill’s guilty plea to the reckless
driving also didn’t help, but wasn’t the sole reason.
And as often happens, some violation down the road exposes the
probationer to the maximum incarceration time allowed by statute which s/he
thought was going to be avoided by taking the initial plea offer. That appears
to be the case now with Mill. The judge worked with him through all of the
previous violations, but ultimately revoked the probation and sentenced him to
2-4 years in prison.
That’s why it’s important, if you violate probation, to
have your attorney reach out to the probation officer and state attorney to
begin negotiating out the best possible resolution. It is better to resolve the
violations if you can before getting in front of a judge at a violation of
probation hearing, because at least you have a chance to bargain to get a
result you can handle.
1 Meek Mill. "I'm Leanin (Intro)." Dreamchasers 3, Maybach Music Group and Dream Chasers Records, 2013.
George C. Palaidis is a personal injury and criminal defense attorney practicing in Miami, Fort Lauderdale, and the South Florida region.
