Legal Question in Criminal Law in Florida

Hi. I am currently on community control in Florida. This evening I was sitting on my front porch smoking a cigarette when my Probation Officer(PO) stopped by for a house visit. My PO told me after he stepped out of his car that I was not allowed to be on my front porch, that I was to be confined within the four walls of my house. He told me next time he stops by I better not be sitting outside. Does he have legal grounds to violate me for being on the porch? The porch is contained under the same roof as the rest of the house, I don't know if that makes a difference or not.


Asked on 8/08/14, 7:29 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

That's a real grey area. I would tend to agree with you, however, the probation officer may also be right. In other words, do you want to tempt fate to find out the answer?

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Answered on 8/09/14, 11:37 am
Roger P Foley Law Office Of Roger P. Foley, P.A.

Your probation officer is power hungry and will violate you and you will sit in jail waiting for your violation hearing. You will likely succeed in Court but they can violate you for anything.

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Answered on 8/11/14, 4:51 am


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