Commonwealth of Kentucky v. Timothy Witt

Shepherdsville, Kentucky criminal defense lawyer represented the Defendant in a revocation proceeding.



In May 2022, a Bullitt County grand jury indicted Witt on one count of possession of a handgun by a convicted felon. In May 2023, the Bullitt Circuit Court sentenced him to four years of incarceration, probated for three years. One month later in June, Probation and Parole informed the court that Witt violated the terms of his probation by failing to report. He also had two active warrants in Jefferson County. At an August 2023 hearing, the court revoked Witt's probation.



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CRIMINAL LAW. PROBATION REVOCATION. The appellate court reviewed whether the Bullitt Circuit Court abused its discretion in revoking the appellant's probation for drug use under a zero-tolerance policy without adequately considering statutory requirements for lesser sanctions.



CRIMINAL LAW. STANDARD OF REVIEW. The case examined the application of the abuse of discretion standard in probation revocation proceedings, determining that such a ruling is justified when the court considers all relevant statutory criteria and evidence.



CRIMINAL LAW. STATUTORY INTERPRETATION. The judgment involved interpreting the Kentucky Revised Statute 439.3106, which dictates the conditions under which probation may be revoked, specifically analyzing whether the appellant posed a significant risk and could not be managed in the community.



Key Phrases Bullitt Circuit Court. Shock probation revocation. Abuse of discretion. Controlled substance violation. Zero-tolerance probation.

Affirmed