June 25, 2017

Probation Violation Defense

Worcester Superior Court

Client a 53 year old man from Worcester, MA was previously convicted of two counts of indecent A&B on child under 14 and three counts of possession of child pornography after being represented by his former attorney and was sentenced to 2-3 years at MCI Cedar Junction and ten years probation from and after the committed sentence.

The client had successfully completed five of his ten years of probation, when the probation department alleged he violated a special condition of his probation.  Attorney Riddle represented the client on the alleged violation of probation.  One of the special conditions was that the client have “no computer access”.  After a random check the client was found to have an open laptop computer on his bed in his apartment.

At the final violation of probation hearing attorney Riddle was able to show that the probation officer made no determination the client even accessed the internet, or used the computer for any illegal or improper purpose.  Moreover the probation department agreed that the motivation for the condition was to prevent the client from using the internet to gain access to or distribute child pornography.  Attorney Riddle effectively argued that a condition barring all computer access is needlessly and overly broad in relation to the goal of probation and not suitably tailored to achieve their goal without infringing on the lawful exercise of the client’s First Amendment rights.  In addition the condition prohibited legitimate computer and internet functions such as word processing, emailing, reading the paper online, checking the weather, or even searching for a book at the library.

The probation department argued that the client should be found in violation and committed to the Massachusetts Correctional Institute at Cedar Junction for two years to two years and one day.  Attorney Damian Riddle argued the client should not be found in violation at all.  The Court sided with Attorney Riddle and concluded that the condition was overly broad and hence invalid and the client was allowed to remain on probation.

Riddle & Associates’ criminal defense lawyers serve the Central Massachusetts region including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Worcester County Criminal Defense Lawyers
603 Massachusetts Avenue, Suite 2
Lunenburg, Massachusetts

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