08/03/2011 11:01 am ET Updated Oct 03, 2011

Casey Anthony: Probation Order To Return To Florida Challenged By Attorneys

Casey Anthony's legal team has filed an emergency motion for a hearing to "quash, vacate and set aside" a recent court order requiring Anthony to return to Florida by Thursday and report to an Orange County probation officer.

Anthony's lawyers say she shouldn't have to return to Florida because she already served probation -- and they claim they have the paperwork to prove it.

A copy of the motion provided to The Huffington Post by the Orange County Courthouse calls Judge Stan Strickland's Monday order a "violation of [the] defendant's due process and a violation of double jeopardy."

The amended probation order issued by Strickland -- who was slated to be the judge at Anthony's recent murder trial but stepped down because he was friends with a blogger covering the case -- stems from a guilty plea she entered in January 2010 on felony check fraud charges. Anthony admitted she stole a checkbook from former friend Amy Huizenga and wrote five checks totaling $644.25. Anthony was credited for time served and placed on probation.

On July 5, a jury of seven women and five men acquitted Anthony, 25, of killing her 2-year-old daughter Caylee. Credited with good behavior and time served, Anthony was released from prison on July 17.

Department of Corrections officials apparently misinterpreted Strickland's initial order to mean Anthony was to serve her probation in jail. The judge now says he intended for Anthony to go to supervised probation upon her release.

Emergency Motion for Hearing to Quash, Vacate and Set Aside Court's Order in the State v Casey Anthony case

The terms of Strickland's recent order state Anthony must report to the probation department within 72 hours, pay $348 in court costs and $20 a month for probation supervision. She is barred from any contact with Huizenga, whose checkbook she admitted to stealing, and is not allowed to leave Orange County without permission from her probation officer.

But, according to the Department of Corrections, Anthony has already served her probation. In a letter dated Jan. 25, 2011, the department released Anthony from her probation.

"You are hereby notified that you completed your terms of supervision on 1/24/2011 ... and are no longer under the supervision of the Department of Corrections," the letter states.

In the emergency motion, Anthony's legal team said Strickland was disqualified from overseeing her case in April 2010 and accuses him of showing "unbridled prejudice" by participating in the "tabloid entertainment program 'Nancy Grace,' in which he expressed his 'shock' with the defendant's acquittals."

A court date to settle the probation dispute has not yet been set.



Casey Anthony Personal Photos
Casey Anthony Personal Photos