When given the choice between probation and prison, most people choose probation—after all, who wants to spend time behind bars? Unfortunately, probation comes with strict rules, and even a minor misstep can lead to a probation revocation hearing.
Take Frederick Bryant’s case as an example. After pleading to aggravated assault with a firearm, he was sentenced to two years of probation. But just months later, his probation officer sought to revoke it for several reasons: an alleged armed robbery, failure to pay drug testing fees, and incomplete court-ordered courses.
By the time of the hearing, the State had dropped the armed robbery charge. Despite this, they pressed on with the probation revocation hearing, relying heavily on a police officer’s testimony about the alleged robbery. However, the victims of the robbery did not testify, and the State failed to present any non-hearsay evidence to back the claim.
At the hearing’s conclusion, the judge ruled that Mr. Bryant violated his probation for committing a new law violation and sentenced him to two years in prison. Oddly, the judge’s written order also included technical violations—even though Mr. Bryant still had time to complete the conditions.
On appeal, Mr. Bryant argued that hearsay alone couldn’t support a probation revocation for a new law violation—and the appellate court agreed. They ruled that probation cannot be revoked based solely on hearsay evidence. The appellate court also reversed the technical violations, as Mr. Bryant had not yet run out of time to meet those requirements.
Why You Need a Fighter in Your Corner
This case highlights a critical point: if you’re facing probation revocation, you need a skilled criminal defense attorney who understands the rules of evidence and knows exactly what the State must prove. At Fighter Law, our criminal defense attorneys bring years of experience, including working in the State Attorney’s Office. We know how to identify weaknesses in the State’s case and protect your rights at every step.
Call Fighter Law Today
Don’t let a probation revocation hearing upend your life. If you’re facing a probation violation, call Fighter Law now. We fight because we care—and we’re ready to fight for you.
Attorney Bridgette Williams
Source: Frederick Bryant v. Florida
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