Abuse of Discretion in Revoking Probation in Florida - Example Case
In Jones v. State, 744 So. 2d 537 (Fla. 2d DCA 1999), the trial court ordered Jones to "enter and successfully complete residential treatment program (DAY TOP)." Id. at 538.
However, he was discharged from the twelve-month program after eleven months because he threatened another resident during a group counseling session, and failed to follow the program director's order to admit his transgression in front of the entire community of residents and outline a plan as to how he would prevent future transgressions. See id.
Significantly, Jones testified that he failed to speak to the entire community or adopt a plan because he was still angry and that he needed and wanted to continue his treatment. See id.
The Second District concluded that the trial court abused its discretion in revoking Jones' probation where he expressed a willingness to complete his treatment and the order failed to "specify the period within which appellant was to complete the program or how many chances he would have to obtain success." Id.