Proof, proof, proof required for probation violation.
It’s not a “sex offender case” but another appellate court decision out of Florida’s Fifth District Court of Appeals found that a probation officer must PROVE that a probationer moved without permission in order to for the individual to be convicted of a violation.
The case is Stratton v. State and in this case, probation officers came to the door of Anthony Stratton’s father’s home (where Anthony was living) and asked to see him. His father said he had not seen his son in 3 weeks. Stratton’s PO assumed that meant he moved away and attempted to violate his probation for moving without obtaining permission. His PO never actually proved that he moved anyplace.
The appellate court (note, Stratton was convicted for this) reversed his judgement and sentence and found that it was insufficient for probation to assume he moved away, but had to PROVE that he moved someplace else to violate his probation.
It’s notable that Stratton was actually living on a trailer on the Father’s property, not in his home, so maybe it wasn’t so unusual that he hadn’t seen him in 3 weeks.
The lessons learned: no proof, no violation and advise family members not to speak about you with law enforcement unless there’s an attorney present.
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A frightening thought just entered my mind: This individual’s victory in court will be viewed by his officer and the department at large as a b**** slap to the face. When have any of you ever known of these people with their mindset to ever be graceful losers in this situation? They think their position should always be the prevailing position and that probationers and parolees should just lay down, shut up, tow the line, and question their authority in no way whatsoever.
I hope I’m wrong, but after thinking on this carefully, I believe now the parole dept. and his officer will now make this man their “pet project” and find any and every excuse to violate him. An honest mistake may well be turned into a provable “violation” that will put him back behind bars yet again. The officers will do so with a smug grin of satisfaction that will ooze of the following sentiment: “You lose! This is what happens and what you deserve when you make fools of us. Maybe this will teach you to keep your worthless mouth shut!”
Or it could go the other way— they will need to be careful about violating him for fear that it will appear in court to have been a reprisal.