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The following case assumes that the judge has granted probation. Discuss and justify what probation conditions would be appropriate and an appropriate length for the term of probation supervision. In addition, identify the feasibility of any probation conditions that you impose.
Defendant Green devised a scheme to pass fictitious payroll checks. He recruited other individuals to pass the fictitious checks in exchange for money. Mr. Green would open a bank account using a fictitious check he had produced. Green would then produce additional fictitious payroll checks using the bank’s logo, routing number, and account number. Mr. Green would recruit individuals who had valid identification from homeless shelters. Upon receiving checks from Green, the individuals would go to area stores to pass the fictitious payroll checks. Green gave a portion of the money to the individual passing the check and kept the remainder. When Green’s residence was searched subsequent to his arrest for the offense, an electronic typewriter, 29 payroll checks matching those previously passed, a computer, marijuana, and drug paraphernalia were confiscated. Upon further examination of the computer, evidence of payroll check counterfeiting was discovered on it. Nine retail stores were victimized in the offense as the stores had cashed the payroll checks. A total loss of $14,503 was determined through documentation and investigation.
Mr. Green’s prior criminal history includes a conviction for misdemeanor possession of marijuana and disorderly conduct. He was raised in a two-parent home. Neither of his parents has a criminal record, and it appears they provided Green with appropriate structure and discipline. Green revealed he has used marijuana for the past 12 years. He is currently 28 years of age. He has a high school diploma and a sporadic work history. His personal finances reveal his only asset to be an automobile valued at $4,500. He has four credit card accounts. Two of the accounts are current with combined balances of $670. The other two accounts are in collection status and their balances total $6,210. The defendant is eligible for not less than one nor more than five years probation by statute.
