A sex offender as part of his probation admits to polygraph dude that he frequents strip clubs, goes to high school football games, and has engaged in requesting the services of a lady for a fee on several occasions. Defendant says it happened "two months ago" or "5-6 months" ago.

Now on a motion to revoke, defense counsel states our motion is defective because it does not allege any dates. Now while I will amend to include on or about dates, I don't know if it will be specific enough to hold up in a hearing. The defendant is the only one who can truly tell us what exact date he did these things (and even he probably has forgotten by now).

Am I in trouble or will I be alright as long as I show the judge that the violations occurred after the defendant got on probation and before the motion to revoke was filed?

P.S. The only case I found was Tommy Lee Harwell v. State out of 7th Court of Appeals. Thanks!

The dates are for notice. Other than that, you must prove they violations occurred while defendant is on probation. Since the defendant made the statements, I wouldn't think he would need any more notice than he provided in the statements.

Do you think it is more correct to say on or after 1/1/05 (date he got on probation) and prior to 7/7/07 (date he confessed) the defendant committed the violation of....

or should I pick a date "5 to 6 months" before the date the defendant confessed?

Which sounds better?

This is why you say "on or about".