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Lying to Probation Officer does not mean automatic violation
November 19, 2008
Topic: Criminal
The 5th District Court of Appeals ruled that mere lying to probation officer is not an offense for which you can be violated. In November of 2008, Ms. Denise Andl while on probation was violated for making a false statement to her probation officer regarding a request to leave the county to console her family because of the death of a family member. The family member was surprised to learn of his untimely death. Generally, such conduct is a substantial and material violation of probation. Ms. Andl was prescribed psychotropic medications for her mental health issues but had not attempted to avoid a drug test or otherwise evade her probation obligations. The trial court found Ms. Andl in violation of her probation.
However on appeal, the 5th DCA found that while the lie to the probation officer was willful, it was not so substantial as to warrant finding of a probation violation. This error was attributed to a struggle the dosages of her medication, recent job loss and loneliness. While there was no excuse for lying to the probation officer and it resulted in an unnecessary waste of time and effort, the lie did not result in a material breach of her probation.
This case is victory for the defense bar because courts usually will rule any transgression as something a probationer can have their probation violated. Our firm continues to monitor important advances and clarifications in probation violation regulations. Our criminal defense attorneys have combined 20 years of experience handling these matters. Please contact us to discuss your probation violation defense needs.
