Violations of Probation or Community Control by Designated Sexual Offenders and Sexual Predators

Our Palm Beach and Broward County criminal defense lawyers handle all aspects of the trial process for our clients, up to and throughout the course of probation or community control imposed as part of a penalty.

With decades of experience, our knowledgeable criminal defense attorneys know the ins and outs of the probationary periods as they are imposed on individuals who have committed various offenses, such as sexual offenses. As such, we know the consequences of violating probation or community control in these types of cases. Chapter 948.063 of the Florida State Statutes, for instance, deals specifically with violations of probation or community control by designated sexual offenders and sexual predators.

The first subsection of the statute deals with mandatory electronic monitoring as a condition of continuing probation or community control in cases in which a sexual offender or predator has had their probation or community control revoked by a court. The statute specifically maintains that if probation or community control for any felony offense is revoked by the court, pursuant to s. 948.06(2)(e) and the offender is designated as a sexual offender pursuant to s. 943.0435 or s. 944.607 or as a sexual predator pursuant to s. 775.21 for unlawful sexual activity involving a victim 15 years of age or younger and the offender is 18 years of age or older, and if the court imposes a subsequent term of supervision following the revocation of probation or community control, the court must order electronic monitoring as a condition of the subsequent term of probation or community control.

Similarly, as our Palm Beach and Broward County criminal defense lawyers know, the second subsection of the statute states that if a registered sexual offender and/or sexual predator violates the terms of his or her probation or community control, but the court does not revoke the offender’s ability to participate in the program, the registered sexual offender or predator must be required to be subjected to electronic monitoring. Specifically, if the probationer or offender is required to register as a sexual predator or as a sexual offender for unlawful sexual activity involving a victim age 15 years of age or younger and the probationer or offender is 18 years of age or older and has violated the condition of his or her probation or community control, but the court does not revoke the probation or community control, the court shall nevertheless modify the probation or community control to include electronic monitoring for any probationer or offender not already subject to electronic monitoring.

According to s. 948.11, for those individuals required to submit to electronic monitoring for sexual offenses, law enforcement departments must use a system that actively monitors and identifies the offender location and reports, in a timely manner, or records the offender’s presence near or within a crime or in a prohibited area of the offender’s departure from specified geographic limitations. Additionally, according to the same subsection of the State Statutes, anyone being electronically monitored as a result of being placed under supervision must cover the costs of the electronic monitoring systems.

If you've been arrested for or charged with a crime in Palm Beach or Broward County, you need the representation of a skilled criminal defense law firm, one which will guide you through the entire judicial process. To schedule a free consultation with our experienced criminal defense attorneys, give us a call at 1-888-5-DEFEND (1-888-533-3363). We look forward to assisintg you.

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