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A Miami attorney convicted of contempt of court in Naples two years ago recently lost an attempt to end his probation early.

It turns out that Alexander Michaels’ case fell through the cracks and he didn’t begin serving probation until this spring, months after his appeal was denied in September.

Michaels was convicted in July 2005 after saying “pissed off” in front of a jury after Collier Circuit Judge Cynthia Ellis had warned him not to repeat the phrase. The conviction also involved him telling jurors — after being warned not to mention what his client could be sentenced to if convicted — that he could face life in prison, which was untrue.

Court records show Senior Judge Jack Schoonover in 2005 upheld Ellis’ contempt of court citation, but withheld adjudication and imposed a six-month probationary term, with a $1,000 fine. He ruled probation could be terminated early if Michaels complied with all conditions.

But that October, Michaels was granted a stay of his sentence while his appeal was pending. Although his appeal was decided several months ago, in September, records show the stay wasn’t lifted until March.

Bar association records show that even before the conviction, Michaels’ license to practice law was suspended in 2004 and he was ordered to serve a 90-day suspension; further information wasn’t immediately available. Records also show the bar association publicly reprimanded him three months ago, on Feb. 8, and he was ordered to attend anger management classes and a professional workshop.

The bar association found he wasn’t in violation on three other complaints lodged against him.

Miami-Dade County criminal court records show he was convicted twice for contempt of court and an adjudication was withheld on a charge of assaulting an officer. He was sentenced to probation on each of those charges.

Michaels’ defense attorney, Donald Day, recently argued in court that the probation should be terminated early because his client had been punished enough by the courts and the bar association and already complied with all sentencing conditions. He pointed out that others convicted of misdemeanors aren’t forced to drive to other counties to pay a $70 fee.

“Frankly, your honor, I’m not sure what that’s going to accomplish” Day said, suggesting Michaels should be allowed to serve probation in Miami and mail his payment to Collier County.

Assistant State Attorney Mara Marzano pushed for the full sentence, citing Michaels’ record.

“I just think he should serve the time,” Marzano said. “I don’t think it’s asking too much.”

Schoonover agreed.

“One of the purposes of sentencing is punishment,” the judge said. “If he doesn’t serve his sentence, what form of punishment has he had?”

But Michaels then argued he was being punished for a comment he made to a probation officer who wanted him to drive to Collier County as Hurricane Wilma was arriving: “I said, ‘You must be out of your mind. I won’t jeopardize my life because of your ego.’”

Since then, he said, he’s been penalized and has to drive two hours to get to the probation office in Naples.

“He’s singled me out for everything I do,” Michaels said of the probation officer. “It is absurd, in my opinion, for Naples to supervise me. I am in Dade County courts every day practicing law.”

He said some are upset with his tone of voice, but it’s been like that for 50 years.

“It’s not disrespectful, it’s the way I talk,” he explained.

Schoonover wasn’t swayed and denied the motion to terminate probation early.

“The probation office feels you should report here,” Schoonover said. “And that’s the way it’s going to be.”