Can people really read minds? Do paranormal abilities exist within human nature? Believe it or not, these questions tie into a recent Orlando violation of probation (VOP) case. Yea, it's kind of a stretch, but bear with me, I'll get around to it.
Before we dive in, it will be helpful to sum up the standard conditions of probation: (1) do what probation tells you to do, (2) stay out of trouble, (3) stay away from people who are in trouble. Easy enough, right? The same stuff your mom told you as a child, only your mom won't throw you in jail with no bond should you violate her conditions. Today's glimpse into the inner workings of Florida's criminal courts involves the standard condition of probation which states that "You will not associate with any person engaged in criminal activity".
Let's take a look at the violation of probation filed in Clayton v. State, 100 So.3d 725 (Fla. 5th DCA 2012). Clayton was on probation for robbery with a firearm. So, how do you get probation on such a serious charge? Well, you start with prison time, and back it up with probation. [Criminal Defense Attorney Practice Note] don't follow a prison sentence with probation, unless the discount up front is too good to pass up. Anyway.
Clayton's violation comes by way of a new possession of marijuana charge, and an allegation of hanging out with the wrong crowd. Clayton's probation conditions mandate that he "not associate with any person engaged in criminal activity". The problem is, Clayton is not a mind reader. Clayton does not possess paranormal abilities which would permit him to determine whether or not the people he associates with are engaged in criminal activity. Bernie Madoff hung out all the time with all sorts of people. For those on probation, that would have been a violation, right? After all, Madoff is one of the biggest criminals of our time, so he should have caused an avalanche of probation violations for those probationers caught hanging with him. And, that's sort of what happened to Clayton. Sort of.
Can people really read minds? Do paranormal abilities exist within human nature? Believe it or not, these questions tie into a recent Orlando violation of probation (VOP) case. Yea, it's kind of a stretch, but bear with me, I'll get around to it.
Before we dive in, it will be helpful to sum up the standard conditions of probation: (1) do what probation tells you to do, (2) stay out of trouble, (3) stay away from people who are in trouble. Easy enough, right? The same stuff your mom told you as a child, only your mom won't throw you in jail with no bond should you violate her conditions. Today's glimpse into the inner workings of Florida's criminal courts involves the standard condition of probation which states that "You will not associate with any person engaged in criminal activity".
Let's take a look at the violation of probation filed in Clayton v. State, 100 So.3d 725 (Fla. 5th DCA 2012). Clayton was on probation for robbery with a firearm. So, how do you get probation on such a serious charge? Well, you start with prison time, and back it up with probation. [Criminal Defense Attorney Practice Note] don't follow a prison sentence with probation, unless the discount up front is too good to pass up. Anyway.
Clayton's violation comes by way of a new possession of marijuana charge, and an allegation of hanging out with the wrong crowd. Clayton's probation conditions mandate that he "not associate with any person engaged in criminal activity". The problem is, Clayton is not a mind reader. Clayton does not possess paranormal abilities which would permit him to determine whether or not the people he associates with are engaged in criminal activity. Bernie Madoff hung out all the time with all sorts of people. For those on probation, that would have been a violation, right? After all, Madoff is one of the biggest criminals of our time, so he should have caused an avalanche of probation violations for those probationers caught hanging with him. And, that's sort of what happened to Clayton. Sort of.