Probation

A major concern with those convicted of sex crimes is the ability of Probation to impose sometimes excessive and intrusive terms of the offender’s probation. The following is an example of one judge’s abuse of discretion in restricting the offender’s freedom upon release:

The U.S. Court of Appeals for the Second Circuit recently overturned a defendant’s condition of probation that required him to notify the Government whenever he starts a “significant romantic relationship.” The defendant had been convicted of possession of child pornography, but was not seen as having a high risk of recidivism. He had been found with several DVDs containing child pornography, but had no prior history with sex crimes or violence. In fact, the Probation Department merely recommended therapy and monitoring of the defendant’s Internet activity as conditions of his supervised release.

Unfortunately, the judge took it upon himself to decide that the defendant needed to notify each significant other of his prior convictions, and give the significant other’s name, address, age and contact information to the Probation Department. In fact, the judge decided to add this condition to the defendant’s Judgment of Conviction, without notifying the Government or the defendant.

The Second Circuit found that the District Court judge’s decision to impose this condition was excessive and unduly vague for a person of normal intelligence to determine what a “significant romantic relationship” means.

Do you know of any excessive conditions of probation that you or your loved one have endured? How restrictive do you think the Government should be able to be on an offender’s freedom once they’ve been released?

For more information about legal representation of those charged with sex crimes, please visit: http://katherinegodinlaw.com/areas-of-law/sex-crimes/

Katherine E. Godin, Esq.

The Law Office of Katherine Godin, Inc.

615 Jefferson Blvd.

Warwick, RI 02886

Phone: (401) 274-2423

Fax: (401) 489-7580

Email: kg@katherinegodinlaw.com

Website: http://www.katherinegodinlaw.com