Were you found in violation of your community control for not answering your door when your probation officer came by to conduct a curfew check? If so, you may be able to avoid revocation of your community control and a resultant prison sentence.
In Edwards v. State, Mr. Edwards was on community control with numerous conditions. One of those conditions required him to be at his residence every day between 10:00 p.m. and 6:00 a.m. Edwards’ probation officer, Christine Ashcraft, performed two curfew checks on Edwards. The first was on April 7 at 5:00 a.m. Before approaching Edwards’s house, Officer Ashcraft called the phone number in Edwards’s file, which was his sister’s cell phone. No one answered, and Officer Ashcraft left a voicemail.
Ashcraft then approached the house and noticed the door was slightly open. She knocked and called into the house. No one responded. Ashcraft heard the television on inside, but didn’t see anyone inside. After a few minutes, Officer Ashcraft again called the number in the file. This time, Edwards’s sister answered. Officer Ashcraft told Edwards’s sister she was at the house to conduct a curfew check on Edwards. The sister informed Ashcraft she was not at the house. After speaking with Edwards’s sister, Officer Ashcraft waited another few minutes to see if anyone would come to the door. No one did. After spending a total of approximately ten minutes at the house, Ashcraft left. Continue reading