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Criminal Appeals Lawyers Reduce Probation Terms

By Walin & Klarich

The actions of a California criminal appeals lawyer recently compelled a California Court of Appeals to strike down as unconstitutionally overbroad a term of probation that stated that the defendant was not permitted to "associate, socially, nor be present at any time, at any place, public or private, with any person, as designated by his probation officer." In People vs. O'Neil, the First District Court of Appeals decided on August 13, 2008 that this type of probation order does not provide the defendant with any notification of "who" he can associate with or not associate with. Further, the court stated that it provides the probation officer with far too much power to dictate what persons the defendant can associate with. The court stated that this term of probation would interfere with the defendant's constitutional right to "associate with others" as well as to travel...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 01, 2008 (boomark / email).