When a defendant is convicted of a crime and sentenced to probation, the court has broad leeway in determining what probationary terms are appropriate. While the court’s discretion is broad, it is not unbounded, however, and any conditions of probation must be reasonably related to the crime for which the defendant was convicted, as discussed in a recent Florida case in which the defendant objected to the terms of his probation after being convicted for multiple drug crimes. If you were charged with a drug offense or any other crime in Clearwater, it is wise to meet with a knowledgeable Clearwater drug crime defense attorney to discuss your case and potential defenses.
History of the Case
It is alleged that the defendant was charged with and convicted of multiple crimes, including possession of drug paraphernalia, cannabis, and methamphetamines. He was sentenced to imprisonment for 270 days, followed by probation. The terms of his probation required him to submit to a test for sexually transmitted diseases. The defendant appealed, in part, to challenge the test.
Conditions of Probation Under Florida Law
Under Florida law, a sentencing court has broad discretion in determining what special conditions to impose for a probation sentence, but the discretion is not without bounds. Instead, for a condition to be valid, it must be reasonably related to the rehabilitation of the defendant. In other words, it must have a relationship to the crime for which the offender was convicted, it must relate to the conduct which in and of itself is criminal, and it must forbid or require conduct that is reasonably related to future criminality.