Fla. Probation Provision Ruled Unconstitutional

TALLAHASSEE, Fla. (AP) — The Florida Supreme Court has narrowly struck down a new provision in the state’s probation law regarding restitution payments.

The 4-3 majority on Thursday ruled the provision that passed earlier this year is onerous and unconstitutional in a Miami-Dade County case.

It applied to defendants facing revocation of probation for allegedly failing to pay restitution.

The law required defendants to prove they were unable to pay restitution by clear and convincing evidence to avoid going to jail.

The majority ruled the state first must prove a defendant had the ability to pay and then willfully refused.

Only then can a defendant be required to prove an inability to pay by a preponderance of evidence.

That’s a lower burden of proof required by the law.

Copyright 2011 The Associated Press.


Leave a Reply

Fill in your details below or click an icon to log in:

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

More From CBS Tampa

2016 Inspired DIY Halloween CostumesIt was nearly impossible to narrow it down, but somehow I managed to put together 7 DIY, 2016 inspired costumes to try this Halloween.
Best Barbecue In Tampa BayWhile one may not traditionally associate Florida with Southern barbecue, Tampa Bay has its fair share of great barbecue restaurants.

Listen Live