The Case Background

For JS, the first trial ended in a mistrial. The second trial resulted in a conviction, which was reversed and remanded on appeal. The third trial held no “charm” for JS, as he was convicted and sentenced to a not-insubstantial term in Florida’s Department of Corrections.

Perhaps worse than the incarceration, JS was ultimately placed on “Sex Offender Probation” for the remainder of his life.

Understanding Sex Offender Probation

Citizens accused of sex offenses are the most reviled offenders in the criminal justice system, and sentences (whether justified or not) are enhanced and almost always include substantial prison time followed by a term of “Sex Offender Probation.”

“Regular” or “Straight” probation generally is used as an alternative to prison sentences and only requires the probationer to abide by a few relatively simple rules. For example, while on probation, one cannot commit any new crimes. Probationers must report to their probation officer (P.O.) one (1) time per month, and they must work or make good-faith attempts either to become employed or to enroll in school in order to prepare them for future employment.

Straight probation may also include what are known as “special conditions,” such as curfews, restrictions on travel, prohibiting alcohol or non-prescription drug use, and the like. The basic idea is to provide some structure, enforceable by the court, while the convicted person reintegrates into lawful society.

Sex Offender Probation Is Different

To be sure, one goal of S.O. probation is to ensure the convicted person is segregated from others to safeguard other citizens should the offender elect to re-offend.

The S.O. probation statute, however, goes far beyond that limited goal and imposes a plethora of additional “special conditions,” which one could argue are designed primarily to ensure the S.O. probationer ultimately will violate his or her conditions and “fail” probation.

Why?

So that the government can achieve its true goal — ensuring the sex offender, no matter the egregiousness of the offense, spends the rest of their life in prison.

Common Sex Offender Probation Conditions

Here are some “standard” Sex Offender Probation conditions which must be imposed by the trial court in some or all cases:

• A mandatory curfew from 10:00 p.m. to 6:00 a.m.

• A prohibition against living within a park, playground, or other place where children “ordinarily congregate.”

• No contact with anyone under the age of eighteen (18).

• No employment for pay, or even volunteer work, at parks, playgrounds, libraries, zoos, theme parks, shopping malls, or pet stores.

• Submission to warrantless searches and seizures by the P.O. of the probationer’s body, residence, or vehicle.

• Submission to a polygraph exam at least once per year.

• No driving alone without express approval of the P.O.

• Required to maintain a “driving log” when driving a vehicle is approved.

• No using a Post Office Box without prior approval of the P.O.

• Electronic monitoring when the P.O. concludes it is necessary.

• No wearing an Easter Bunny costume on or preceding Easter.

• No wearing a Santa Claus costume on or preceding Christmas.

• No visiting (as opposed to residing near) a park, school, or playground.

See the actual Sex Offender Probation statute, here: Florida Statute §948.30

Years of Litigation and Persistence

One could speculate that the evidence used to convict JS so many years ago was sparse, given the fact that it took three (3) trials to convict him. Perhaps. Perhaps not. What is incontrovertible is that JS spent many years on S.O. probation and had never re-offended.

JS retained JJK/LLC in 2020 to attempt to obtain a court order terminating his life sentence of Sex Offender Probation. After some considerable litigation, the trial court denied JS’s request.

JS contacted JJK/LLC again in 2024 to try yet again to terminate the Sex Offender Probation, which was now interfering in a substantial way with his personal and professional life.

We gave the motion a great deal of thought and ultimately decided to file a revised motion, this time adding additional grounds and rationales that typically are neither asserted nor argued in these types of motions.

Merely because an argument is novel, unique, or rarely asserted, however, does not mean those grounds will not be persuasive to a trial court with an open mind. Upon receiving the motion, the trial court issued an order requiring the State to respond. Here is an excerpt from the Court’s Order:

“ORDER REQUIRING STATE RESPONSE TO COMPLICATED DEFENDANT’S MOTION TO TERMINATE SUPERVISION”
“The Court has reviewed the motion in chambers. It is a lengthy read, appropriately because the novel issues presented are complicated, both legally and factually. More importantly, in order for the State to meaningfully represent its position, if it objects, it is apparent the State would need to contemplate the novel situation and do substantial research to support any objection…”
“WHEREFORE, the State is hereby ordered to respond in writing to the Defendant’s motion. As noted, the issues are novel and complex…the Court will allow sixty (60) days to allow a written State response. If the State’s response reflects an objection to the relief requested, the Defendant may receive hearing time from the Court’s Judicial Assistant.” [Emphasis in original]

The State’s Silence and the Final Order

Fifty-nine (59) days elapsed from the date of the trial court’s order when the State filed a motion seeking another thirty (30) days to complete its response. The motion was granted, and the deadline for the State’s response was reset until August 8, 2025.

The State never responded.

Some things are worth waiting for.

Last week, on September 30, 2025, the trial court issued its minimalist order stating:

“This matter came before the Court on the above-styled motion. The Court adopts the reasoning of the motion. WHEREFORE, the motion is hereby GRANTED.”

JS’s unreasonable supervision by the government is over.

The Importance of Legal Representation

Please do not think, even for a moment, that terminating probation — whether S.O. Probation, “Straight” Probation, or Drug Offender Probation — is a facile task. It is not. Under the right circumstances, however, with the right lawyer and a fair judge, ending your probation is possible.

The reader may find the above objectionable by virtue of the nature of the offenses. Let me suggest there are a variety of statutes in Florida’s criminal code where relatively innocuous, non-criminal conduct may result in charges subject to Florida’s Sex Offender statutes. Those alleged transgressions do not even contemplate “bad” filing decisions made, either through negligence or bad faith, by Assistant State Attorneys, who are solely responsible for making formal filing decisions in this State.

There is yet another consideration: Sex offenders require quality legal representation just as much — and arguably more — than every other type of criminal offender.