Probation and supervised release are very attractive alternatives to incarceration for a person who has been convicted of a crime. In addition to being able to stay out of prison, these types of criminal penalties allow you to work while carrying out your sentence and often to live with and maintain a closer relationship with family. It’s important to remember that probation and supervised release often come with very strict terms, however. As a recent case out of the U.S Court of Appeals for the Fourth Circuit shows, a person who violates those terms is likely headed to jail.
Mr. Padgett was convicted on two counts of cocaine-related conspiracy in 1998. He was again charged and convicted on a criminal offense 11 years later, this time for allegedly attempting to escape custody. He was eventually sentenced to supervised release, but that release was revoked on two separate occasions. Padgett was resentenced to more than a decade behind bars after a court found that Padgett violated the terms of his probation by possessing a firearm and a knife and by committing battery.
Padgett later appealed the decision, arguing that the court abused its discretion in revoking his probation. The Fourth District disagreed, finding that there was ample evidence in the record to support the allegation that Padgett violated the probation by possessing a firearm and committing battery. Padgett was apprehended by police near the place where he worked, shortly after reports that five shots were fired at the business. He fit the description of the subject and was identified by a witness as the person who fired the shots. A particle sample taken from Padgett the same night tested positive for gun residue.