Search
866-630-2389
Roberts Law Group, PLLC
North Carolina Criminal Defense Attorneys
We FIGHT to Get Results
We FIGHT to Get Results

North Carolina Court Reverses Sex Offender Probation Violation Conviction

A 38-year-old man's probation violation conviction for failure to register as a sex offender was reversed by the North Carolina Court of Appeals. The decision held that the man had used good faith efforts to try to comply with the terms of his probation.

The man was convicted in 2000 of felonious restraint of a minor, which is a North Carolina sex offense. As a result of the conviction, he was required to register as a sex offender. In 2007, however, he was convicted of failure to register as a sex offender. The sentence for his failure to register was 15-18 months in prison, but the sentence was suspended in lieu of 36 months of supervised probation.

As part of his supervised probation, he was required to complete a comprehensive sexual abuse treatment program, and he was supposed to pay for the program out of his own funds. His probation officer, however, filed a claim that he had not completed the program by 2010.

In fact, the officer testified at a probation violation hearing that the man had only completed 27 out of the required 30 classes for the program due to late payments. The trial court judge found the man guilty of the probation violation and ordered jail time.

The Court of Appeals reversed the guilty conviction for the probation violation. The Court held that the man tried to complete the course but that the cost, combined with his inability to find a job, precluded him from doing do. The Court ruled that the man did not willfully fail to pay for the course or complete the sex offender treatment course.

This North Carolina criminal law decision is important for other offenders who are unable to complete treatment programs due to the costs of the programs.

Source: Citizen-Times, "Appeals Court reverses decision in sex offender probation case," Clarke Morrison, 7/23/2011

Client Reviews

Get Legal Help Now
Let Us Help You

Put our team of criminal defense lawyers on your side today. You are one phone call or email away from getting your questions answered by an experienced defense attorney.

Call now to set up a free consultation.

Fill out the form below for a Free Consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Nation's Top One Percent - National Association of Distinguished Counsel - NADC Top 100 Trial Lawyers - The National Trial Lawyers LC - Lead Counsel Rated BBB Accredited Business - Rating: A+ National College for DUI Defense - General Member Client Distinction Award Super Lawyers Avvo Rating 10.0 Superb - Top Attorney Criminal Defense

Call 866-630-2389 to schedule a free initial consultation.
Offices open weekdays 8am - 7pm, Saturdays 9am - 5pm