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Man Convicted of Sex Crime Avoids Probation Revocation

When you’re convicted of an offense like a sex crime, you will likely lose quite a bit of credibility in your personal and professional life. Even if you weren’t sentenced to time behind bars, the ramifications of having to register as a sex offender, completing mandatory counseling, and submitting to lie detector tests during probation can have serious and far-reaching effects.

Such was the case for a Virginia man who was on probation for a previous sex crime conviction. The terms of his probation included the completion of lie detector tests, which could potentially lead to his probation being revoked, based on the results. After one of these tests determined that he was being deceptive, he was confronted with the prospect of returning to prison. Facing such a serious consequence, the man retained Roanoke attorney Rick Derrico.

Attorney Derrico subpoenaed the testing information and demanded that the court provide any discovery materials relevant to the client’s probation monitoring. Ultimately, after making this request, attorney Derrico argued that his client was, in fact, being truthful and the lie detector actually provided a false positive test report due to other circumstances involved.

The judge took the case under advisement and did not find that the client had violated terms of his probation. As a result, his probation was not revoked, and he did not return to prison.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.