Narrative Opinion Summary
Michael Cyr’s probation was revoked by the circuit court due to non-compliance with the condition to "continue sex offender counseling." Although Cyr had attended counseling sessions for five years, his attendance was inconsistent. He was ultimately terminated from the program by the therapist for multiple reasons. The circuit court found that Cyr had failed to complete the required counseling; however, the probation condition did not mandate successful completion or specify a duration for participation in the counseling program. According to precedents set in Larangera v. State and Bell v. State, probation cannot be revoked if the individual has attended some sessions, even if they quit or were terminated involuntarily. Consequently, the revocation of Cyr's probation was reversed.
Legal Issues Addressed
Precedents on Involuntary Termination from Counselingsubscribe to see similar legal issues
Application: The precedents established that probation cannot be revoked solely on the grounds of involuntary termination from counseling if attendance was initially met.
Reasoning: According to precedents set in Larangera v. State and Bell v. State, probation cannot be revoked if the individual has attended some sessions, even if they quit or were terminated involuntarily.
Requirements for Successful Probation Revocationsubscribe to see similar legal issues
Application: The court found that probation conditions must specify successful completion or duration to justify revocation based solely on termination from a counseling program.
Reasoning: The circuit court found that Cyr had failed to complete the required counseling; however, the probation condition did not mandate successful completion or specify a duration for participation in the counseling program.
Reversal of Probation Revocationsubscribe to see similar legal issues
Application: Cyr's probation revocation was reversed due to the absence of conditions mandating successful completion or specifying participation duration.
Reasoning: Consequently, the revocation of Cyr's probation was reversed.
Revocation of Probation for Non-compliancesubscribe to see similar legal issues
Application: The circuit court revoked Cyr's probation due to non-compliance with the counseling condition, despite his attendance for five years.
Reasoning: Michael Cyr’s probation was revoked by the circuit court due to non-compliance with the condition to 'continue sex offender counseling.'