Florida Probation Sentence Overturned For Unreasonableness

Jacksonville’s residents sometimes experience times in their lives where they will be involved with the legal system, either being the victim of a crime or being the accused. However, if one is convicted of that crime, the punishment should not be unreasonable. If something like this has happened to someone, they should contact an experienced attorney to fight for one’s case.

According to WTXL news, the 1st District Court of Appeal has reversed an unusual Florida probation ruling requiring a man who non-violently resisted a police officer to attend a batterer’s intervention program. This program was specifically created for people who are convicted of domestic violence charges in an attempt to lessen the likelihood of recurrence.

Jacksonville probation cases typically involve cases in which someone has wrongfully violated their probation. However, in this case, the probation was wrongfully given. Many times in Jacksonville, people are placed on probation that may seem odd; the difference is that the probation requirements are reasonably connected to the crime that occurred.

Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:

– Reporting to a probation officer
– Submitting to drug testing
– Being Prohibited from alcohol consumption
– Paying for Supervision costs
– Obtaining a job
– Being Prohibited from leaving the state
– Being prohibited from violating any law

These are just some of the standard requirements for probation. Even further, the judge deciding what terms are to be included in the probation sentence can impose some of their own particular terms to be added to the final sentence. Judges have flexibility in particularizing the terms to the crime and even particularizing the terms to the individual.

The Judge has the discretion to choose particularized probation requirements for particular defendants. However, those requirements must be reasonably related to the crime that was committed. In this particular case, that reasonability was absent.

Many times, the judge deciding probationary terms can be overzealous in their want to punish someone for a crime, or may try to over-zealously change the person to what they see the person should be like. However, many times, the judge oversteps his or her bounds. The Judge in this case required the man to attend a batterer’s violence program for anti-violence training. This requirement is in no way connected to the crime he was charged with, nor was the crime even violent.

Judges can be a bit extreme in what they think a person should serve. However, that does not make it right nor does it make the punishment proper. If one obtains an experienced Jacksonville probation defense attorney, one can make sure that one can have a proper probation that will not be unreasonable and can ensure that one’s case was handled properly.

The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.

Additional Source: Court reverses unusual probation condition, Associated Press, WTXL news

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