Casey Anthony is back to Florida hoping to avoid serving a year's probation for check fraud.
The 25-year-old woman, acquitted of murdering her daughter Caylee Anthony and released on July 17, is back in court with her defense team to appeal the decision by Judge Belvin Perry for stealing checks from her best friend, Amy Huizenga, which she pleaded guilty to in 2010.
Judge Stan Strickland, who handled the check fraud in 2010 ordered Anthony to serve 412 days in jail and a year's probation. However, a mistake was made on documents where it was recorded that she would be allowed to serve her probation whilst in custody during the trial.
Her defense lawyers have argued that Anthony has already served the probation time whilst she was in jail awaiting the verdict in her trial for the murder of her 2-year-old daughter.
According to a statement made on Monday by the state attorneys general office, it is not possible to serve probation while in jail and it can only be served after someone is released.
"Legally, it is clear that a defendant cannot serve probation while incarcerated," the response states.
The response adds, "Admittedly, the treatment of her by the Department of Corrections was not executed with the greatest clarity; regardless, when this error became known to the trial court, the error was corrected."
Anthony's attorney, Jose Baez, told Fox News on Sunday: "She'll do what's asked of her if necessary and hopefully it won't come to that."
Her defense team fear for Anthony's safety if she serves time in jail in Florida due to a number of death threats received during her trial, and following her acquittal.
However, Judge Perry agreed with the defense team in a letter written Aug. 12 ordering her to return to Florida. He wrote, "This court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the defendant."
Anthony's defense team is expected to file a reply by noon Tuesday.