Many criminal convictions result in sentences that include probation. While a person is not incarcerated during a probationary period, he or she must nonetheless comply with the terms of probation, and a person who willfully violates the terms of his or her probation may be sentenced to imprisonment. Recently, a Florida court discussed what evidence the State may introduce to show a willful violation of probation. If you live in Tampa and are accused of a probation violation or a crime, it is in your best interest to meet with a skillful Tampa probation violation defense attorney to discuss your options.
Factual History of the Case
It is reported that the defendant was convicted of multiple sex crimes for which he was sentenced to five years in prison, followed by ten years of sexual offender probation. His probationary period began in 2013. In 2014, the defendant’s probation officer filed a notification of a technical violation due to the defendant’s failure to take a polygraph test, but no affidavit of a violation of probation was filed. In 2015, a violation of probation violation was filed, but the defendant was found not guilty, and in 2018 the defendant was found to have violated the terms of his probation, after which his probation was reinstated.
Allegedly, in 2019 the defendant’s probation officer submitted an affidavit of violation of probation due to the fact that the defendant missed his curfew. The defendant denied that he committed a willful violation, but following a hearing, the defendant was found guilty of a violation. He was sentenced to concurrent fifteen-year prison terms, after which he appealed, arguing that the court violated his rights during the hearing and sentencing process.