Narrative Opinion Summary
The order revoking Appellant's probation is reversed due to insufficient evidence of a willful violation. Two primary allegations were made: failure to pay supervision costs and unauthorized communication with the victim. Prior to the hearing, Appellant rectified the payment issues, demonstrating a lack of willfulness in the arrearage. Evidence suggested Appellant was unable to pay at the relevant times. Regarding the communication allegation, the only evidence was a voluntary comment from Appellant to his probation officer, which described a benign attempt to arrange visitation with his child, who is not a victim. This type of communication is permissible under the modified probation order. The case is remanded for reinstatement of the original probation order with potential modifications allowing communication through third parties for visitation purposes. Judges STONE, FARMER, and STEVENSON concur with the decision.
Legal Issues Addressed
Failure to Pay Supervision Costssubscribe to see similar legal issues
Application: Appellant's correction of payment issues prior to the hearing indicated a lack of willfulness in failing to pay supervision costs, with evidence showing inability to pay during the relevant period.
Reasoning: Prior to the hearing, Appellant rectified the payment issues, demonstrating a lack of willfulness in the arrearage.
Modification of Probation Conditionssubscribe to see similar legal issues
Application: The original probation order is to be reinstated with potential modifications to allow communication through third parties for the purpose of child visitation.
Reasoning: The case is remanded for reinstatement of the original probation order with potential modifications allowing communication through third parties for visitation purposes.
Revocation of Probation for Willful Violationsubscribe to see similar legal issues
Application: The court found insufficient evidence to support a willful violation of probation conditions, as the appellant rectified payment issues and demonstrated inability to pay.
Reasoning: The order revoking Appellant's probation is reversed due to insufficient evidence of a willful violation.
Unauthorized Communication with Victimsubscribe to see similar legal issues
Application: The allegation of unauthorized communication was unsupported as the communication in question was a benign attempt to arrange child visitation, which was permissible under the modified probation order.
Reasoning: The only evidence was a voluntary comment from Appellant to his probation officer, which described a benign attempt to arrange visitation with his child, who is not a victim.