Chris Brown to challenge probation violation allegations in Rihanna assault case

 Posted on February 08, 2013 in Criminal Defense

Today marks the fourth anniversary of the date that prosecutors say Chris Brown struck Rihanna in Southern California. Brown entered a negotiated plea deal with prosecutors in 2009 and pled guilty to felony assault, according to CNN. In August 2009, Brown was sentenced to five years probation, and under his plea agreement, he was allowed to perform community service in Virginia.

Brown appeared in court Wednesday after prosecutors claimed that Brown failed to perform the 180 days of community service required under his sentence. The entertainer did not appear alone at the hearing, Rihanna reportedly sat behind Brown in the courtroom.

Prosecutors challenge the records that Brown submitted to show that he had completed the service in Virginia. Brown was allowed under his sentence to perform the service under the supervision of the Chief of Police in Richmond, Virginia. But the prosecutor in Los Angeles calls the paperwork sloppy and fraudulent. However, officers out east reportedly assert that Brown performed the community service as required.

In California, the district attorney also alleges that Brown violated the terms of probation by getting into a scuffle with Frank Ocean in Hollywood last month. The prosecutor further claims that Brown stole a cellphone and engaged in other conduct in Miami that is contrary to the terms of probation. And the DA says that Brown has an invalid medical marijuana license that he has used to improperly avoid a drug test.

Often, prosecutors will seek to revoke probation when authorities allege that a probation violation has occurred. In many cases, a person on probation may be charged with a new crime. In those situations, prosecutors may pursue the new charges, and use the allegations to seek a revocation in the previous case. However, some probation violation allegations may involve technical violations of the terms of release.

Prosecutors apparently are not seeking revocation of Brown's probation. The DA reportedly is asking the judge to order Brown to perform the community service again, and in California. The judge ordered the entertainer to report to probation for an interview and scheduled a hearing for April 5.

Source: CNN, "Rihanna shows support in court for Chris Brown," Alan Duke, Feb.7, 2013