Probation revocation requires proof, not just hearsay

A couple weeks ago there was discussion on address verification and whether the fact that law enforcement doesn’t find someone at their registered address is sufficient proof to support a conviction for FTR or failing to report an address change to probation.

We shared some cases where the prosecutor needed a lot more than a law enforcement officer’s statement that they didn’t find the person at home when they went to check.

Although it deals with a probation case (and not just a registration) and is not entirely on point (and probation cases need to prove “willful” violations), another case was decided last week out of the 2nd District Court of Appeals for Florida which held, “The fact that the probation officer was unable to make contact with Mr. XXXXX at his home does not prove that Mr. XXXXX moved.” which can be useful to someone who is concerned that they need to be home whenever an officer comes to do an address verification.