Broke probation on accident? It doesn’t matter, court rules.

Broke probation on accident? It doesn’t matter, court rules.

Appeals court upholds decision in Juneau sex offender case

A judge can revoke a defendant’s probation for a violation even if the defendant didn’t mean to violate his probation, the Alaska Court of Appeals has ruled.

The decision stems from a ruling which Juneau Superior Court Judge Philip M. Pallenberg revoked a defendant’s probation because the man didn’t show up to a polygraph appointment. The defendant, James Allen Charles, Jr. — a convicted sex offender — claimed that he didn’t miss the appointment on purpose, according to the Court of Appeals decision written by Judge Marjorie K. Allard on Dec. 28.

He argued that a court should only revoke a defendant’s probation if the defendant willfully violates his or her probation conditions. Charles also argued that courts can’t find a defendant guilty of violating probation if the defendant is not in a rational mental state, Allard wrote.

[Pretrial enforcement looking to make long-term difference]

Prosecutors argued that a defendant should be held responsible for any violation that occurs, Allard wrote. The Court of Appeals disagreed in part with both Charles and the state, stating that this is not a black and white issue.

A defendant’s mental state could be a factor in whether to revoke probation, Allard wrote, as could a defendant’s “blameworthiness.” The overarching question when it comes to probation is whether there is “good cause” to revoke it, Allard wrote.

To find “good cause” to revoke probation, a judge must find that allowing the defendant to remain on probation would be a threat to society, Allard wrote. To find this, a judge must take everything into account, including a defendant’s mental state, a defendant’s prior history and the seriousness of the violation at hand, the Court of Appeals ruled.

In Charles’ case, Pallenberg ruled in 2014 that Charles’ failure to keep his appointment was part of a larger pattern of not complying with probation. Charles was sentenced to nine months for the violation.

[Court upholds appeal in 36-year-old murder case]

Charles, 57, has multiple sexual assault convictions and has violated probation multiple times, as detailed in the Court of Appeals decision. Charles acknowledged that he was given advance notice of the polygraph appointment and that he was aware that he needed to do as his probation officer told him. Still, he didn’t show up for the appointment.

The Court of Appeals upheld Pallenberg’s ruling, agreeing that there was “good cause” to revoke Charles’ probation despite Charles not necessarily violating probation on purpose.




• Contact reporter Alex McCarthy at 523-2271 or amccarthy@juneauempire.com. Follow him on Twitter at @akmccarthy.


More in News

Hundreds gather for the first week of the Levitt AMP Soldotna Music Series on Wednesday, June 7, 2023, at Soldotna Creek Park in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
Soldotna music series kicks off with crowds, colors and sunshine

A color run took off ahead of performances by Blackwater Railroad Company and BenJammin The Jammin Band

Kenai Peninsula Borough School District Finance Director Liz Hayes, left, testifies before the Kenai Peninsula Borough Assembly during a budget work session on Tuesday, March 14, 2023, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Assembly passes borough budget

The document fully funds borough schools and includes a decrease in property taxes

The George A. Navarre Kenai Peninsula Borough building. (Peninsula Clarion file photo)
Assembly shrinks borough planning commission

The planning commission is responsible for planning the “systemic development and betterment” of the borough

The Sterling Highway crosses the Kenai River near the Russian River Campground on March 15, 2020, near Cooper Landing, Alaska. (Jeff Helminiak/Peninsula Clarion)
Russian River Campground reopens for 2 summer months

Reservations for campsites can be made online

Kristin Lambert testifies in support of funding for the Soldotna Senior Center during an assembly meeting on Tuesday, June 6, 2023, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
After leadership change, borough funds Soldotna senior center

The Soldotna City Council in May voted to defund the center for the upcoming fiscal year

Signs direct visitors at Seward City Hall on Sunday, Nov. 28, 2021, in Seward, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
5 vying for Seward city manager gig

The Seward City Council will convene for a special city council meeting on June 12 to review candidates’ applications

Alaska State Troopers logo.
Soldotna resident found dead in home

He was found Monday morning

Dr. Katherine Ortega Courtney speaks during the 100% Alaska Community Town Hall on Saturday, June 3, 2023, at Peninsula Center Mall in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
100% Alaska survey results, state of services discussed at town hall

Change 4 the Kenai leads conversation about access to mental health, housing, transportation

Soldotna High School senior Josiah Burton testifies in opposition to a proposed cut of Kenai Peninsula Borough School District theater technicians while audience members look on during a board of education meeting on Monday, March 6, 2023, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Awaiting state funding, board of ed works to bring back staff positions

Alaska lawmakers this session passed a budget bill that includes $175 million in one-time funding for Alaska’s K-12 schools

Most Read