Legal Question in Criminal Law in Florida

modifying a condition

i am currently on probation after being convicted of lewd & lascivious battery which was reduced to interfering with child custody.

One of the conditions is no contact with females under 16 y/o, when I first got on this I was living with my parents and I had a 15 year old sister so I had to go back to court to get her added as an exception.

I have been on probation a year and a half now and I am engaged to someone who has a child that is 5 months old, and I am wanting to move with her.

Is it possible for me to get her added? Will it be hard? I used my public defender when I first added my sister, what will I need to get? A lawyer?


Asked on 11/12/07, 5:22 am

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: modifying a condition

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you will need to go back to court and request that the court modify the conditions. You will probably have to retain a private attorney since your case is over and the public defender has no reason to represent you in a matter which does not involve potential jail time for you.

Scott R. Jay, Esq.

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Answered on 11/12/07, 9:51 pm
Edward J. Chandler Law Office of Edward J. Chandler, P.A.

Re: modifying a condition

A motion must be filed and heard by the judge. The State attorney can oppose the motion and you should have an attorney.

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Answered on 11/13/07, 10:34 am


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