Lesson of the day: don’t post pictures of yourself on MySpace holding a beer if the conditions of your probation don’t let you drink alcohol or use the internet.
Defendant Pressley pled guilty to some ugly crimes and was sentenced to a lifetime of probation. As part of the deal, he promised not “to consume or drink any substance containing alcohol,” and to “not possess, use or have personal access to any computer or similar equipment that has internet capability without prior written permission of [his] Probation Officer.”
In July 2007, Pressley’s probation officer paid him a visit. There in Pressley’s house was a vodka bottle two-thirds empty (or as I like to say, one-third full) and a laptop having a desktop icon with Pressley’s name. (It’s not clear what that icon was, but it sounds like a profile icon for Windows XP.)
The state filed a petition to revoke Pressley’s probation. The trial court granted the petition and sentenced him to ten years in prison. Pressley appealed. On review, the court affirmed the prison sentence.
The most intriguing argument that Pressley made to the appellate court was that the lower court erred in admitting photos of Pressley holding a beer. According to Pressley’s wife’s testimony, the photos came from her MySpace page. One of the other pictures had a caption, as if written by the defendant, that said, “Me and my wife.” The court found that these pictures were relevant to whether Pressley violated the terms of his probation.
Good thing you’d never see anything like this over at Sorry I Missed Your Party.
August 3, 2009
Gez! Talk about a waste of taxpayer money all around. So WHAT if he was drinking and on the internet! Those two things should not be part of anyones probation unless the internet involves child-molestation. As for the drinking a beer part of probation, beer is LEGAL. You can not make it illegal for LIFE for 1 person.
And people wonder why our country is falling apart, its total lack of common sense and the wise use of our money in situations like this.
I admit, I dont know the facts of his probation, and would love to know those facts, but from this article …… just wow.
August 4, 2009
We are at the point in our culture where no one is allowed to drink, smoke, burp, party or do anything else where a camera is present. It's unbelievable.
August 7, 2009
do you have a cite for this case? Or, at minimum, can you provide the jurisdiction that it took place in?
August 8, 2009
Thanks for sharing.The info is helpful to me.
August 8, 2009
Folks the probation restrictions on this guy were specfic to him. He was more then likely a sex offender…particulary since he was placed on life time supervision. The no alcohol condition is probally because he has a substance abuse problem. Additionally, is is not allowed on the Internet a computer…probally due to his offense involved child porn or child exploitation. Would you rather have in allowed to drink and party like a fool and hurt some kid? I got this from reading the post… Kudos to the officer that caught him before he hurt someone!
August 17, 2009
Okay agreed with Art, BUT, bottomline is… a man is going to get TEN YEARS in jail for drinking a beer and using internet?!?!?! US laws are way too hard. Seriously. Taking away some of his money as a punishment would be better. Even one day in jail would be too much. Can you imagine yourself just ONE entire day in jail with those freak people?
September 8, 2009
Oh my God! Who's next?
March 14, 2011
No, he is going to get 10 years because he can't keep his word when he agrees not to do certain things which was likely agreed to in order for him to avoid additional jail time. Folks, you don't go on probation unless the alternative is jail, so if you can't accept the probation you should be in jail.
March 14, 2011
Here is the case: http://www.cofad1.state.az.us/memod/CR/CR080160.p…
Read that, and then decide.