10 Requirements for Sex Offenders Who Are on Probation

Posted on June 21, 2008 by Ron Chapman

Many people agree to go on probation for sex offenses without knowing how strict the conditions of probation are for sex offenders in Florida.  In many cases, it is only when they go to the probation office for their first meeting that sex offenders are told about the special conditions of probation that apply to them.  By then, however, it is too late for the probationer to change his mind about agreeing to go on probation in the first place.  Therefore, it is essential that anyone faced with the possibility of being placed on sex offender probation understand the conditions of his probation that he or she will be expected to comply before agreeing to go on probation.  Florida statute section 948.30 lists the requirements for people who are placed on sex offender probation.  Ten of those requirements are:

 

1.  A mandatory curfew from 10 p.m. to 6 a.m.

2.  If the victim of the sex crime was under the age of 18 when the crime occurred, the probationer may not live within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate.

3.  The probationer must actively participate in and successfully complete a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders at the probationer's own expense.

4.  The probationer may not contact the victim of his crime either directly or indirectly unless such contact is approved by the victim, the probationer's therapist, and the sentencing judge.

5.  If the victim of the crime was under the age of 18 when the crime occurred, the probationer may not have any contact with a person under the age of 18 unless certain exceptions apply.

6.  If the victim of the crime was under age 18 when the crime occurred, a probationer may not work for pay or as a volunteer at any place where children regularly congregate including schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls.

7.  A probationer may not view, access, own, or possess any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services.

8.  At least once per year, a probationer must take a polygraph examination.

9.  A probationer must keep a driving log, and he is prohibited from driving a motor vehicle alone without obtaining the prior approval of his probation officer.

10.  A probationer may not obtain or use a post office box without getting the prior approval of his probation officer.

 

These are just some of the requirements for sex offenders who are placed on probation in Florida.  Anyone faced with the prospect of going on sex offender probation should thoroughly familiarize himself with all of the requirements contained in Florida statute section 948.30.

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Sex Offender Registration: Is It Punishment?

Posted on June 5, 2008 by Ron Chapman
Florida statute section 943.0435 states that sexual offenders must register with the Florida Department of Law Enforcement (FDLE), and Florida statute section 775.21 states that sexual predators must likewise register with FDLE.  Registration requirements include such things as having one's picture posted on the Internet, notifying the Sheriff's office when changing addresses (for the remainder of one's entire life), and having a driver's license which indicates that the driver is a registered sex offender or predator.

 

Sex offender registration statutes are fairly recent, however, and some registered sex offenders have argued that they should not have to register with FDLE because they committed their crimes before the sex offender statute was passed into law in the 1990's.  What difference does that make you might ask?  There is a concept in the law called ex post facto which means that a law cannot ordinarily punish conduct that was committed before that law went into effect.  For example, if someone committed a sex crime in 1990 but the sex offender registration did not go into effect until 1993, such a person might well argue that he should not have to register as a sex offender because he committed his crime before the sex offender registration law went into effect.

 

Although I personally find this argument to be persuasive, the United States Supreme Court does not.  In the case of Smith v. Doe, the High Court ruled that Alaska's sex-offender registration statute did not violate the Ex Post Facto Clause of the U.S. Constitution because the Alaska State Legislature's intention in passing that particular law was not to punish sex offenders but rather to create a "civil, nonpunitive regime."

 

Since Smith v. Doe was decided in 2003, several Florida appellate courts have cited to that particular case in ruling that Florida sex offenders must also register with FDLE even if the crimes for which they were convicted were committed before the Florida sex-offender registration law went into effect.

 

In spite of all these cases to the contrary, Florida sex offender registration requirements still seem like punishment to me.

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7 Frequently Asked Questions in Florida DUI Cases

Posted on May 16, 2008 by Ron Chapman

1.  What do police officers look for before stopping  a driver who they think might be intoxicated?

According to the National Highway Traffic Safety Administration, some of the things that police officers should look for include:

  • Driving more than 10 miles below the speed limit
  • Almost striking another car on the road
  • Weaving within one's lane of traffic
  • Erratic braking
  • Driving at night with headlights off

2.  What should I say if I'm stopped by an officer and he asks me if I've been drinking?

Because it is not illegal under Florida DUI law to drink and drive, it is alright to tell a police officer that you've been drinking.  However, be careful not to say that you had only one or two beers if you actually drank more than that, the reason being that the breath-testing machine may later prove that you drank a lot more than just one or two beers.

3.  The police didn't read me my Miranda rights when they first stopped me.  Can I get my case dismissed?

If only it were that easy.  The police have to give you your Miranda rights only when you are in custody and being questioned.  The United States Supreme Court has also ruled that a person is not typically in custody during a routine traffic stop.  Therefore, the police are not ordinarily required to give you Miranda warnings when first speaking with you.

4.  Will my driver's license be suspended if I refuse to do the DUI exercises by the side of the road?

No.  Refusing to do the DUI exercises is different than refusing to blow into the breath-alcohol testing machine.  If you refuse to blow into the breath-alcohol testing machine, Florida law states that your license will be suspended for 1 year for a first refusal or 18 months if your license has been previously suspended for refusing to blow into such a machine.

5.  Do I have the right to a blood-alcohol test in addition to a breath-alcohol test after I am arrested for DUI?

The Florida Supreme Court has ruled that a police officer must render reasonable assistance in helping an individual arrested for DUI get a blood-alcohol test if the individual requests such a test.  If the officer does not do that, then the results of the breath-alcohol test should not be presented to the jury at trial.

6.  What is the 20 minute rule?

According to the Florida Administrative Code, the results of breath-alcohol tests are not valid unless the arresting officer or the person administering the test can reasonably insure that the person who is asked to blow into the machine did not take anything by mouth or did not regurgitate for at least 20 minutes before blowing into the machine.  If this rule is not complied with, then the results of the breath-alcohol test should not be presented to the jury at trial  nor should DMV suspend the person's driver's license.

7.  Do I have to go to jail if I am convicted of DUI?

According to Florida DUI law, a judge has the authority to send someone convicted of DUI to an alcohol treatment program or drug treatment program rather than to jail.

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