Sex Assault by Supervisory Disciplinary Authority

State v. John Doe (2024)

Charges: Sexual Assault by Person with Supervisory Disciplinary Authority

States case:

The accused pleaded guilty, served several years in prison, and after release had to serve 15-years on probation, register as a sex offender, and follow all general and specific conditions of probation. While the accused had complied with probation, the state strongly objected to any early termination of probation and considered him a danger to the victim and the community.

Judgement:

Mr. Sheffield was able to demonstrate that the special conditions imposed by the sentencing court were unlawfully vague and over broad and the manner in which the probation officer imposed the unlawful conditions was onerous, beyond the spirit of the law, and in some instances cruel. Additional, Mr. Sheffield was able to show how the accused had matured, told the truth, accepted responsibility, was remorseful, demonstrated moral reconation, was a low risk to reoffend, had significant protective factors that mitigated risk to reoffend, and how he had gone beyond the requirements of the court-ordered conditions. The court granted early termination.