In all my years of criminal trial practice, I've handled hundreds of violation of probation cases. In one particular case, I represented a registered sex offender who had been charged with a sexual battery. During the trial for the sex offense, I was able to obtain for him a "downward departure" which meant he would be placed on probation rather than go to prison for a lengthy period.
He was convicted of the sex offense and given probation. The terms of his probation required that he make restitution to the victim for counseling costs associated with the crime. He was making restitution when he moved and failed to timely inform law enforcement officials of his new address. The prosecutor in the violation of probation case sought ten years in prison. I was hired to represent him and argued before the judge that the need for restitution is greater than incarceration. The judge concurred with me and my client avoided the ten year violation of probation sentence the prosecutor sought. The probation was reinstated.
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