Motion to Revoke Probation Comes Research Paper

When requested to leave the premises the defendant refused to do so and proceeded to assault the security officer by throwing a beverage at said officer and then, subsequently, slapping the same officer. The defendant was detained by the store security and arrested by the local police.

Victim's Statement

George Petrie, the chief security officer for Publix, states that his employer would like to see the defendant punished for his actions against his staff. Based upon the defendant's actions and statements, he is concerned that the defendant has no intention to comply with this Court's dictates.

Defendant's Prior Record

Juvenile Record

Petty theft; Disorderly Conduct; Criminal trespass

Adult Record

Petty theft (shoplifting)

Personal History

Defendant has admitted to drinking alcohol on a regular, perhaps, daily basis. He denies the use of any form of non-prescription drug usage. He does admit to the recreational use of marijuana as a juvenile but denies any recent usage. He has never been in a substance abuse program.

The defendant is presently unemployed and has been for some time. He has made no apparent attempt to seek employment despite an order by this Court to do so. He is presently living with his mother; has a valid driver's license; and has no apparent physical disability that would affect his ability to work.

Performance on Probation

The defendant has failed to fulfill the terms of his probation.His recent arrest and disregard of this Court's direct order banning him from entering the premises of the Publix stores are direct violations of his probation. Additionally, his failure to make any effort to enter shoplifting/theft classes or to seek employment demonstrates his lack of interest in fulfilling the terms of his probation. Understandably, the period of his probation has been extremely short but the fact that he has already involved himself in additional criminal violations is telling relative to his lack of resolve.

Recommendations

There are compelling arguments for this Court to terminate this defendant's probation and impose the terms of his prior sentence and also impose new sanctions relative to the new charges. The defendant has not demonstrated any willingness to adjust his behavior but, in light of the short passage of time, the defendant should be afforded additional time to demonstrate that he has the capacity to change his behavior. There is no evidence that the defendant engaged in any theft behavior in the present criminal action and that he acted inappropriately to being confronted by store security. Under the circumstances, the terms of his probation should be extended with new conditions added to….....