Friday, January 18, 2013

Probation conditions cannot be overly broad (1 18 13)

The Second District Court of Appeals for Montgomery County eliminated an overly broad condition of probation. The Court noted the following guidelines that should be considered when conditions of probation (community control) are imposed. The Court stated the trial judge should consider whether the condition "(1) is reasonably related to rehabilitating the offender, (2) has some relationship to the crime of which the offender was convicted, and (3) relates to conduct which is criminal or reasonably related to future criminality and serves the statutory end of probation."  State v. Smith, 2013-Ohio-123, quoting State v. Jones, 49 Ohio St.3d 51, 52 (1990).

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