Probation reform free the innocent
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Currently incarcerated Miami Dade county
Hi my name is Stevie Brown in August 2009 at the age of 16 years old I was charged with armed robbery, aggravated battery and possession of a firearm. In 2010, the state offered me a plea deal which I accepted as a “juvenile” and 6 months probation, followed by 2 years community control and 4 years probation. I successfully completed 6 months of boot camp. I was then released back into society. On November 29, 2011 I was being handcuffed and taken into custody finding the state of Florida had filed an information charging me with one count of second degree murder with a deadly weapon, and of course violation of probation.
On October 25,2013 and a probation hearing was held where I was later found guilty of violating of probation. At sentencing hearing the judge revoke my sentence and giving me a life sentence which is by law under the 8th amendment “Any juvenile with a non-homicide case can not receive a life sentence it has to be a terms of years and that also a judge can not make that findings it has to be decided by a Jury under graham v Florida 560 US 48(2010). I then later appeal my probation case on the claim of sentencing “any juvenile to life sentence with a non homicide case is unconstitutional Graham v. Florida 560 US 48 (2010). But unfortunately my appeal was denied. I then went forward in sending my case to the Supreme Court to see if they would accept my case and they did not, due to everything that has been going on with my probation case my new charges are still awaiting trial. Thanks with the support of my family I was able to hire an attorney for my PB/new case. My lawyer then later removed herself from my probation case because my family could not afford it . Any how with the help of my lawyer we did discover and collect some significant evidence/information that would have been very supportive and useful to the probation hearing. Lastly I am a victim who has been wrongfully convicted in a (PBH) because of my new charges. It’s unfair and clear that my rights has been violated due to (1) illegal sentence (2) Fraudulent evidence (3) Brady violation (4) due process (5) ineffective assistant counsel. I am certain with all the evidence that has been collected the outcome of my probation would have been different. But because I was not able to prove my innocence in a trial hearing first my probation was revoked. Don’t you think if a person that’s on probation gets locked up for a new charge should he/she be able to prove they did not commit the new charge by going to trial and let the new charge determine whether or not he/she violated probation? I am not only writing this letter seeking help but to prove my innocence and also change the law by reforming the laws of probation. Because there are many inmates in the state of Florida who I have personally witness get convicted at a PBH and go to a trial and later be acquitted, no paros, or dismissal. For what cause the VOP I ask that we pay attention to the relevant facts in law and that we take full action of what has been over looked and abuse for so many years. #Free the innocent
Please read petition blow.
In the circuit court of the 11th Judicial circuit in and for Miami-Dade county state of Florida
Stevie Brown, et, al
Undersigned petitioners. Criminal Division chief judge
State of Florida
SUPPORTIVE ARGUMENT OF FACTS
1) Section 14 declaration of rights embodies the principle that the presumption of innocence
Abides in the accused for all purposes while awaiting trial innocence until proven guilty.
2) Such provision of laws conducting a probation hearing before new offense is tried, deprives the accused of, U.S.C.A const 14th amendment “Due process of law, equal protection and safety to adequate law. Reason being ;(A)Every Florida statute stipulates in order for state prosecution to the alleged violation of Florida statutes legally sufficient to law. The prosecution must prove every element to the changed offense beyond a reasonable doubt. (B) For the accused to be forced to probation hearing for allegations of a new offense that is characterized as a capital offense. Without such case being presented to jury at trial to weigh the preponderance of the evidence. Deprives the accused of equality to adequate law and of, U.S.C.A const. 6th amendment rights to a fair trial. For that the outcome of a jury weighing the evidence can and shall go towards the determination of such alleged violation.
3) Such provision of law conducting a probation hearing before trial has sent many innocent people to prison. And deprived many accused adequacy of law to present evidence most favorable to the defense such as; (A) a jury render a verdict of not guilty. Which is evidence of the accused innocence sufficient to law and destroys such allegation of probation violation. For that if probable cause occurred from such new offense. And the accused is found not guilty for the alleged new offense. Thus is obvious that the accused is not guilty of committing a violation of probation. Upon acquittal, dismissal, no pros, or no action of new offense that was changed which proves no breach of contract.
CONCLUSION OF FACTS
We undersigned is in agreement that a accused shall be commit back to normal probation condition with all credit for time served upon any of the founding of the fore mentioned in section 3)A of this petition. To ensure all accused to their constitutional rights to equality of law and a fair trial which is governed by Florida state and United States constitutional 4th 6th and 14th amendments to law. Wherefore, we the undersigned I good faith cause petition the honorable courts seeking the following as indicated.
1) The insufficient of probation hearing being conducted before trial on new offenses, law to be revised an amended or modified.
2) Allowing the probationer to be heard at a trial by jury of his/her peers before such probation hearing is conducted based on allegation. Which brings our government in compliance with equal protection on safety to adequate 14th amendment due process clause and prevent erra of prejudice flagrant prosecutorial misconduct double jeopardy and or collateral attack for the same offense.
3) Thus, the undersigned moves the honorable courts to grant the foregoing petition, to change, amend, and, or revise such provision of law in good faith.
STEVIE BROWN #090074528
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