CASEY ANTHONY ORDERED TO SERVE PROBATION ON CHECK FRAUD CHARGES

Judge Belvin Perry: "..a mockery will not be made out of the justice system... a defendant shall not take advantage of an error and be rewarded.."


Will Casey Anthony's check fraud charges drive her out of hiding to serve one year probation?

On Friday, August 12, Casey Anthony was ordered by Judge Belvin Perry to return to Orlando to serve one year of probation in her check fraud conviction.

Casey must report no later than August 26, at noon, according to the judge's order.

Under the terms of the probation order, Anthony will have to report to a probation officer every month and can not change her residency without permission from the probation officer. 

Casey is prohibited from getting drunk or using drugs. This also prohibits Casey from frequenting business establishments that serve alcohol.  Casey is required to find a job and may not associate with known criminals. Anthony  must  submit to reasonable searches in her home and at her job by her probation officer.  

Anthony must also pay a probation fee upon each visit to her probation officer, as well as restitution costs incurred from the check fraud charges.

Guess we now know why Casey left  BELLA VITA MANSION and her next stop: Orange County Probation. Looks like the Acquitted Squatters RV Tour is on hold for now.....

Judge Perry Orders for Probation Casey Anthony
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Judge Stan Strickland had sentenced Anthony in January 2010 to one year of probation after she pleaded guilty to stealing checks from a friend. He said Anthony should serve the probation upon her release, but those instructions never made it to a written order. Corrections officials interpreted the sentence to mean Anthony could serve the probation while she was in jail awaiting her murder trial.

Strickland clarified in an order last week that Anthony needs to start serving probation now that she is out of jail. Strickland later recused himself and turned the case over to Perry, who presided over the murder trial that ended last month with Anthony's acquittal in her daughter's death.

 Perry put the probation order on hold temporarily and heard arguments last week from Anthony's attorneys. They told the judge that she had served her probation while in jail awaiting her murder trial and requiring her to do so again would be double jeopardy. They also argued that she would be in danger if her location were known, given that she has received death threats.

Legal analyst Bill Sheaffer believes the order will survive higher court tests if Casey fights it.

"Perry has a strong record of standing up to appeal," said Sheaffer.

Perry said he would authorize the Department of Corrections to make an exception and keep Anthony's address private during her probation. The judge also discounted the double jeopardy argument, saying Anthony was unable to meet the goals of a probationary sentence since she was in jail.

"It is clear the court stated the defendant's probation was to start once she was released from jail," Perry said in his order.

Allowing Anthony to serve probation while in jail "would take a lawfully imposed sentence and make it a mockery of justice," Perry added. "This would allow a defendant to take advantage of a scrivener's error and be rewarded. This is not the message the courts want to send to the public or defendants."

Anthony has been out of the public eye since she was acquitted in the death of her 2-year-old daughter, Caylee. The jury's decision angered many people online and elsewhere, and threats were made against Anthony's life.

Three of Anthony's attorneys didn't return phone calls and emails Friday afternoon.

Upon contact for comment, Department of Corrections spokeswoman Gretl Plessinger said the agency just received the order and is  reviewing it.





source: wftv

Judge Perry Delays Casey Anthony's Probation Status; Judge Calls Case A "Legal Mess"

A judge deciding whether Casey Anthony has to return to Florida to serve probation for check fraud ended a hearing Friday without a ruling, calling the case "a mess."


"The best I can say is this is a legal maze," Judge Belvin Perry said. "This is a legal morass."

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INSIDE COURTROOM: Images Of Baez, Judge Perry

RAW VIDEO: Casey Probation Hearing Pt. 1 | Pt. 2 | Pt. 3


VIDEO REPORT: Judge Delays Probation Status
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Judge Belvin Perry didn't indicate when he would issue a ruling. Casey didn't attend the hearing, which involves a case separate from her high-profile murder trial that ended with her acquittal last month.

Casey has disappeared from the public eye since a jury found her not guilty in the death of her 2-year-old daughter, Caylee, and she was released from the Orange County jail.

Her lawyers have not disclosed her location expect to say she was out of state earlier this week.

Another judge sentenced her in January 2010 to probation after she pleaded guilty to using checks stolen from a friend. Judge Stan Strickland said during the sentencing hearing that Casey should serve the probation upon her release from prison or jail.Those instructions never made it into a written order and corrections officials interpreted the sentence to mean Casey could serve the probation while she was in jail awaiting trial.
Judge Strickland issued an amended order earlier this week, clarifying that Casey needs to start serving probation now that she is out of jail.

Strickland recused himself from the case, which is why Judge Perry is now handling it.

Her attorneys argued at the hearing that Casey already has served the probation and to do so again would be double jeopardy. They also argued that Strickland didn't have jurisdiction over the case anymore and that his original sentencing order could not be corrected more than 60 days after it was issued.

The defense admitted it knew that Casey was not supposed to serve her probation while still in jail, but also knew that the corrections department started her probation and ended it while she was still in jail and never said a word to anyone.

"Is it ethical for you not to say anything about the probation that she serving in jail? As an officer of the court should you have alerted people about that?" WFTV reporter Kathi Belich asked Casey's attorneys after Friday's hearing.

The attorneys didn't answer the question.

Now, the defense argues that it is just too late to go back and do it the way it was supposed to be done.

But Judge Perry said he's not so sure. He said it's unclear how long a judge has to correct a clerical error.

"There are no clear cut answers in this case. It's a mess," Perry said.

Perry said he's going to do more research before deciding whether to put Casey back on probation, but if he does, it might be administrative probation, which means she just has to go one year without being arrested again.

She wouldn’t be required to look for a job and it would only cost her $50, as opposed to the $40 payable upon each visit to her probation officer.








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