A lot of criminal cases are resolved by the defendant agreeing to go on probation. During the term of probation certain rules must be followed and if they are not, the probation can be revoked. Revocation of probation for a violation of the probationary terms is a new and separate crime, and the defendant will have to defend that new crime as well as face the full range of punishment for the original crime. The results can be drastic, which is why it is so important to make sure you do not deviate from the terms of your probation. But in order to make sure you do what is expected of you during probation, it is helpful to know what you are allowed to and what you are not allowed to do while on probation. The terms of probation vary depending on the charge, and with one type of charge there are some requirements that can be hard to meet.
One crime that has requirements for probation that are quite a bit different than other crimes is a sex offense. When a sex offender agrees to a term of probation, if the following five rules are not followed the defendant will probably be charged with a probation violation:
- If a sex offender is out past curfew, the State can seek to revoke the probation because failing to follow the curfew rules is a typical requirement in most sex offense cases.
- If a sex offender fails to take the annual polygraph (lie detector) test, this is a probation violation.
- Living within a certain distance, usually 1,000 feet, of a school or daycare is a violation of probation for a sex crime.
- Accessing sexually explicit material is a violation of probation for a sex offender.
- Driving alone or forgetting to keep a driving log is considered a probation violation for a sex offense.
And it is always a violation or probation, for any type of crime, to commit a new crime while serving probation. We know that it can be hard to understand what all is required of you while on probation and that is why we are here to help. During your case we make sure you fully understand what is expected of you, and address any concerns you have about not being able to meet the requirements. For questions about what to do when a sex offender faces a violation of probation , call us today.
For more information about probation and probation violations, call our office today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.