Members of homeless camp arrested on charges of violating probation after camp was shut down
A group of homeless people was arrested Friday afternoon for violating probation after their camp, where they were required by their probation officers to stay, was shut down and there was nowhere else for them to go.
Of the 13 people who had been living at the camp, at least seven had GPS monitors or ankle bracelets registered to the site — in the woods at 4820 Highway 192 near Melbourne — that required them to return there during the evening or risk being in violation of their probation.
The owner of the property wanted the site bulldozed, the camp members said, and they were warned Tuesday by the Brevard County Sheriff’s Office that they had to vacate the area by 8 a.m. the next morning.
That put them in a quandary: if they stayed, they’d face trespass charges and violation of probation because the camp was being closed down. If they left, they also could face violation of probation because that’s where they were required to report.
Could this be an opening to get the case in front of the 5th DCA. It might be an “in” to attack residency restrictions or possibly reporting requirements.
I know that they are already represented by legal counsel and their motion to dismiss was denied because the defendants didn’t have housing already secured.
Unfortunately one of the defendants cases would need to proceed to trial with no plea bargains and the defendant would need to lose at trial so as to have the opportunity to appeal to the 5th DCA. I would NEVER wish that on anybody.
Poking holes in the draconian laws from a constitutional standpoint is the only way to get them modified or abolished.
Roger
The good “news” is, it made the news. It could have very well been swept under the radar. Not sure how much publicity it got but I know when these things happen, those that care, often step in. Regardless if it is lawyers, the red cross (dont think they accept registered persons to live in their housing but they do hand out food and sometimes vouchers.)
But the main thing is they not be sent/re-sent to prison.
Cherokee, I agree with you completely regarding the newspaper article. The writer delicately stepped around the “they can’t find housing because they’re registered sex offenders” explanation without sensationalizing it while still getting information in about curfews and setback requirements. I was surprised that they even showed a picture of the XT device, again, without adding lurid details.
One of the biggest hurdles these guys face, and it’s the same thing every registered person here in Brevard faces, is the County’s proximity ordinance. Many of the agencies or groups that may be available to help these guys are located too close to an exclusion zone so they can’t even go there to get help.
The section of my comment where I wrote about one of these poor guys having to actually go to trial and lose and then going through the appeals process is, I believe, the only way to get this in front of the Appeals Court. I’m a retired engineer not an attorney so I am possibly, hell probably, wrong but I believe that’s the only way to have standing before the court to even be heard. The 5th DCA is the only legal entity that can help us here. I guess you could file in the Federal Circuit court but that threshold may be much higher.
I would NEVER NEVER NEVER wish prison time on ANYONE…. been there and done that. I was BLESSED to do my time and be able to come home in one physically and mentally intact piece. I met others in there who didn’t have that experience.
I’m trying to track the case(s) of these guys here in the court system. I’ll let you know what, if anything, I can find.
Roger
I was somewhat of a wimp before going to prison. I was NOT a coward but a softy. I have always worn my heart on my sleeve that is why I guess I did not make a good cop because I fought for justice for ALL, even those who got arrested.
Anyway, I am not saying I was in the worst prison on Earth but I learned to stand up for myself. What is ironic is, I had more grief from the guards than I did most inmates. Most inmates had the same goal as me, getting home to see their families. The guards had nothing to lose since it was their word against yours when you got slammed up against a wall for laughing during count. And who are they going to believe, a loser inmate or a well regarded saint of an officer (I just puked).
I still find it insanely shocking that there are “exclusion zones” but yet they don’t apply to gun criminals. If these zones make sense for anyone, then they make sense for a whole lot of other people.
That alone shows that the criminal regimes are not credible. They are nothing but liars and criminal aggressors.
Will Allen
I think you are right. Say a school shooter eventually gets released and has done all their time even probation. What is to keep him / her (its usually a him) from living in a house right next to the school they shot up?
And yet we are banned from places like some parks that had nothing to do with our crimes.
Yep. But it’s not just school shooters. Anyone that has shot anyone, anywhere, is more dangerous than almost all people listed on the Oppression Lists. They have usually caused more harm also.
Heck, anyone that has even pointed a gun at someone is more dangerous and has caused a lot more harm than most on the OLs.
Will Allen
I know my comment is going to get thrown back on me by someone saying “How can you judge, you are a sex offender”. Having said that, Mental health experts have said someone who shoots someone in cold blood, is like an animal that gets its first taste of blood. It gets easier each time. There are some people out there who get a thrill in their shorts when they watch someone beg for their lives.
And yet I see these people (if you can call them that) get a low bond when someone with a first time sex charge that may not even be true, are often denied bond as a risk to the community. Really because I am a news junky and they other day I saw someone who got arrested for a murder and the news showed the list of past arrests which exceeded 30 arrests and he still got a bond.
So I said all that to say this, what I did was wrong even though consensual. It was wrong. But the public gets up in arms if we are released or even live around them even if our crime is from 31 years ago in my case. But let a 30 times felon out and no one blinks. So maybe They have to free up jail and prison space I guess to house all the sex offenders?
Be careful when you recite “Give me Liberty or give me death” you are more likely to get the latter.
Roger
I would love to know what happens to these cases. Please ask FAC to post if you get more information.
Darn good point cherokee
Is there any status updates regarding the two Ex Post Facto challenges in Florida and the 11th Circuit? I wonder if any of these homeless registrants might qualify for ex post facto relief. That would be great.
Both are fully briefed and we are awaiting a decision. There is no timeline for when that might be.