April 20, 2020, 12:05 pm
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.
The post Proof, proof, proof required for probation violation. appeared first on Florida Action Committee.
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Author: Florida Action Committee
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