Brittany Smith will serve another week in Jackson County Jail following a probation revocation hearing Tuesday after allegedly violating her house arrest.
Circuit Judge Brent Benson ordered Smith to serve 29 days in the county jail. He gave her 21 days of jail credit.
According to court records, Smith notified her probation officer on Oct. 27 that she wished to hand out candy at her children’s Trunk-or-Treat event in Stevenson. She was denied the request but told she could see her children before the event.
On Oct. 30, Smith sent the probation officer a text message saying that she sat in a car during the event and took videos of herself to show she didn’t leave the vehicle.
Smith admitted in open court that she violated the terms of her probation by failing to comply with house arrest by not returning directly to her home as instructed by the probation officer.
Smith’s attorney James Mick and District Attorney Jason Pierce agreed that Smith’s probation should not be revoked, which would have sent her to state prison.
However, they did not agree on a length of time in jail, the length of Smith’s jail credit or any other conditions. Smith was arrested on Nov. 2.
Smith, whose case drew national attention after she was charged with murder in the 2018 death of Joshua Todd Smith, and has maintained she was raped and acted in self-defense, was sentenced to 20 years, split to serve three years in October 2020. As part of the plea agreement, Smith served 18 months in county jail before being released to house arrest for another 18 months.
Also Tuesday, Benson modified Smith’s terms of probation. Benson said Smith shall be placed on a house arrest monitor provided by the State Probation office as soon such monitor becomes available.
Smith can also not leave her home except to report to her probation officer, report to court referral for drug screens and to go to work, among other conditions.