Hudson v. State

But for State v. Scarlet, 800 So.2d 220 (Fla.2001), I would affirm the trial court’s revocation of appellant’s probation.

Generally, in a probation violation hearing, a court may consider evidence that would be inadmissible in a trial of an accused for a crime. See State ex rel. Ard v. Shelby, 97 So.2d 631, 633 (Fla. 1st DCA 1957). Florida courts have held that “the failure of a 'probation officer to advise [a probationer] of his Miranda rights prior to his admission of a violation of his probation” does not render the admission inadmissible at a probation revocation hearing. Evans v. State,…