St. Petersburg Criminal Lawyer Blog
People convicted of sex crimes will often be sentenced to supervised release after their incarceration. Typically, the court will impose standard conditions as terms of the release. In certain instances, they may impose additional parameters, such as financial restrictions, to prevent the defendant from engaging in further criminal activity. As illustrated in a recent Florida sex crime case, as long as such terms are reasonably related to the sentencing factors, they will likely be upheld. If you are charged with a sex crime, it’s essential to understand your rights, and it’s wise to reach out to a St. Petersburg sex crime defense lawyer to evaluate your case.
Factual Setting and Procedural Background
It is alleged that the defendant was convicted of a child pornography offense involving electronic devices. His criminal history also included prior offenses related to child pornography and various sex crimes. In light of his criminal past and the nature of his offenses, the district court imposed a special condition of supervised release that prohibited him from incurring new credit charges, opening additional lines of credit, or making major purchases without prior approval from his probation officer.
It is reported the court imposed these financial restrictions to support the defendant’s compliance with other conditions of his supervised release, particularly the prohibition on using electronic devices. The defendant challenged this condition, arguing that it was not reasonably related to the sentencing factors outlined in 18 U.S.C. § 3553(a) and involved a greater deprivation of liberty than was necessary.
Special Conditions for Supervised Release
On appeal, the court reviewed the imposition of special conditions for abuse of discretion, which occurs when a court applies an incorrect legal standard, uses improper procedures, or makes clearly erroneous findings of fact.
In this case, the court held that the district court did not abuse its discretion. The court found that the condition was reasonably related to the § 3553(a) factors, given the nature of the defendant’s offense, his criminal history, and his need to comply with the supervised release terms.
The condition was further justified by the defendant’s previous offenses involving the use of electronic devices and his admitted difficulty controlling his prurient interest in child pornography. The court also noted that the condition was not overly restrictive because the defendant could incur new credit or make major purchases with prior approval from his probation officer.
Additionally, the court referenced the Sentencing Guidelines, which recommend financial restrictions in cases involving mandatory restitution, as applicable here. Therefore, the court affirmed the district court’s ruling, finding the credit restriction valid and appropriately tailored to the defendant’s circumstances.
Confer with a Trusted St. Petersburg Criminal Defense Attorney
If you are accused of committing a sex crime, it is advisable to confer with an attorney about what arguments you may be able to assert in your defense. The trusted St. Petersburg sex crime defense lawyers at Hanlon Law can advise you of your rights and aid you in seeking a favorable result. You can reach Hanlon Law through our online form or by calling 727-897-5413 to arrange a meeting.