Probation Violations In Colorado Sex Offender Probation Cases
By Colorado Sex Crimes Criminal Defense Lawyer for the Defense of Probation Violation Cases – H Michael Steinberg
Probation Violations In Colorado Sex Offender Probation Cases – presents a complex and difficult challenge to the lawyer charged with the defense of these cases and with greater risk to the defendant than any other genre of probation sentence in Colorado.
A recent case – 11CA2103 People v. Gravina – decided by the Colorado Court Of Appeals – makes the nature of Colorado sex offender probation and just how difficult it becomes to successfully complete this type of intensive supervision probation for convicted sex offenders.
In Gravina – the defendant – appealed a judge’s decision to the revocation of deferred judgment and sentence to the crime of sexual exploitation of a minor 18-6-403.
In 2010, Gravina pled guilty to sexual exploitation of a child 18-6-403, – in this case – a class 5 felony He had nude photographs of his 17-year-old girlfriend.
The plea agreement permitted was for a period of 4 year deferred judgement and sentence (LINK) – If the defendant successfully completed Sex Offender Intensive Supervision Probation (SOISP) – his plea would be withdrawn and the case would be dismissed.
The Conditions of Colorado Sex Offender Intensive Supervision Probation (SOSIP)
One of the standard conditions of Colorado Sex Offender Intensive Supervision Probation (SOSIP) is that a defendant must not have “possession or have any contact with any form of . . . [m]aterial that contains nudity, sexual themes, and sexually explicit or violent images.”
Probation Violations In Colorado Sex Offender Probation Cases – The Home Visit
As part of his probationary sentence – the defendant’s probation officer conducted a search of defendant’s house finding a “Hooters calendar and a Maxim magazine as well as photographs of defendant with a naked woman and nine pornographic movies.
As a result of this material – the defendant was removed from his treatment program and a complaint to revoke probation issued.
Probation Violations In Colorado Sex Offender Probation Cases – The Hearing On The Probation Violation
At the hearing, the judge found that the possession of this material was in violation of his probation. The judge then made the defendant a convicted sex offender for the rest of his life. The judge revoked Gravina’s deferred judgment and sentence, and thereafter sentenced him to five years of SOISP.
He was also sentenced to a considerable length of jail – ninety days in jail – with sixty days suspended and credit for one day served.
The Defendant Argued That Possession Of the Pornography Was Legal And Not In Violation of The Conditions of His Probation
While Gravina argued the court should not have revoked his deferred judgment because the terms of his probation were unconstitutionally vague as they applied to the magazine and calendar – the Colorado Court of Appeals disagreed.
The Court found that the Defendant’s probation prohibited him from possessing “sexually oriented or sexually stimulating material” or sexually oriented or stimulating within the meaning of the probation condition.
The Burden Of Proof For Revoking A Deferred Judgment Is ONLY By A Preponderance of The Evidence
In a revocation proceeding, whether the probationer violated a condition of his or her probation is a question of fact that the prosecution must establish by a preponderance of the evidence.
Once a violation is found, the decision whether to revoke a defendant’s probation is within the trial court’s discretion.
When the probation officer found the movies in defendant’s bedroom closet and the photographs were in his desk drawer. That was considered enough.. The Judge rejected the defendant’s claim that he was given the material f our years before and that given their location – he knew they were there.
Gravina had argued that the DA failed to prove by a preponderance of the evidence that he knowingly possessed the movies and photographs under a “heightened standard of knowing possession—rather than a strict liability possession standard.” However -even using that standard – the Court of Appeals still concluded that the evidence supported the conclusion that defendant knowingly possessed the movies and photographs.
Probation Violations In Colorado Sex Offender Probation Cases
Denver Colorado Probation Violation Criminal Defense Lawyer
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Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases. Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defenses for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving ..Probation Violations In Colorado Sex Offender Probation Cases.