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Home > Law > Criminal Law   »   my new probation officer wants me to quit my business

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Old Nov 3, 2009, 05:19 PM
PEPE1971
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my new probation officer wants me to quit my business

I just got a new PO and he is giving me hard time with my old business.

I have a DJ Business and I do good when I am busy, this guy is my 4th PO in the past 2 years and the others didn't care about anything.

My past PO gave me many permits to go dj out of state without even checking, at the beginning she asked me for contracts but after a few months only asked me where I was staying and when I was coming back

This new PO officer made me cancel on 2 good gigs, he said no and no and I don't care about your past PO's

Now he tells me you can't do your dj anymore because there is drugs in the bars and I wasn't convicted for drugs related. I been coming always clean!

I told him I been doing this for over 10 years and I invested a lot of money, this is the only thing I have to support my Wife and 2 kids. He said is not going to happend and wants me to talk to his supervisor.

sorry about my bad English...

I don't understand this! I can dj in a school, wedding, sweet16, corporate event. What's wrong about it? Drugs are everywhere if I wanted to get it.

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Old Nov 3, 2009, 05:39 PM   #2  
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Your "drugs are everywhere" argument isn't going to fly.

If he said to talk to his Supervisor, then do that.

At the moment your PO makes the rules, whether they make sense or not.
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Old Nov 3, 2009, 06:08 PM   #3  
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Quote:
Originally Posted by PEPE1971 View Post
I told him I been doing this for over 10 years and I invested a lot of money, this is the only thing I have to support my Wife and 2 kids.
Hello Pepe:

The probation relationship is, by its very nature, ADVERSARIAL. That, notwithstanding, successful PO's don't force the issue, unless they're forced by the convict. But, that's not what's going on here. This sounds like a PO who just wants to let you know whose boss. It's a shame when a PO puts you in a hard spot like that. He leaves you very few options. None of them are good.

But, when they start forcing you - you need to force back. If you just lay down, you'll be without a living to support your family, and he'll eventually violate you for that...

I'd call his bluff. It's a dangerous game, and you may lose. But, I'd certainly take the initiative. Therefore, I would consider that from this date forward, everything that happens will probably be reviewed by other people - probably the judge. Therefore, it's imperative that you document each and every step, because when it's reviewed, your adversary (the PO), might LIE. The other reason you begin to document things is to put THEM on notice that THEIR actions are being monitored too. It will FORCE them to treat you according to the RULES.

Speaking of the RULES, if you don't have one in your favor, you're gonna lose before you even start. You need GROUNDS with which to base your position. Towards that end, the first letter you should write is to your PO requesting a copy of the rule book, and asking him to identify the particular rule he is using to force you to quit your chosen profession.

But, no matter what he says, I think you HAVE grounds already... At least I hope you do, but I don't know. I'm GUESSING that you had to have some probation plan that outlined your job, and that was approved at one point in time... I'm hoping that it was a WRITTEN plan...

Nonetheless, and I don't care what your present PO says, the fact that you had permission from prior PO's DOES matter. In fact, if the written plan that I hope is there, isn't there, the precedent you set with previous PO's, in essence, IS your plan.

THAT, in my view, should be your GROUNDS - that your work plan had already been approved.

I would reserve that argument for the time being. Your first letter should ONLY request a copy of the rules. THAT is a VERY powerful request. PO's HATE when their charges know the rules, because in most instances, they themselves, don't know them... Send your letter certified, return receipt requested. Send a copy to the supervisor he was so happy for you to meet, and send another copy to HIS supervisor too.

Look. You're not going to make any friends, here. That's cool. They're not your friends anyway. Toward that end, again, DO NOT give them a chance to violate you. Be extremely polite with them. When you meet and discuss THIS issue, document the conversation, and send a copy to the PO and his supervisor again, by certified mail.

All of this is CYA. They'll know it, and I think they'll give up. If not, lemme know. We'll get 'em.

excon
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Old Nov 3, 2009, 06:14 PM   #4  
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I will add at this point untill you get permission, if you do, then you have violated the rule set down and then you go to the judge.

But then you may have to get an attorney and take this back to the jduge for the orginal sentence if there is no result.

What was the orginal crime you did, that may make being around a bar an issue
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Old Nov 3, 2009, 07:05 PM   #5  
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My crime was transporting Illegal aliens in my car.

If it was an issue to be working in a bar why they didn't tell me before, they know what I do for living.

I also lost 2 big contracts with big corporation for thousands, they gave me a permit to go work in Az and one day they called me and said, you have 24hrs to come back because they Az don't want you there. I am trying to start my life again and they are not helping me.

I appreciate all your comments, I don't know what to do. This is what I love to do and I don't want to quit.
I think he does not understand that this business is not only showing up to play music, there is a lot more than that. I think he wants me working full time and I do, but there is no way to prove it.

I'll go to see his supervisor and try to explain more about the dj business, I know most people don't know about it.

I am going to start documenting everything.
Thanks
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Old Nov 3, 2009, 07:15 PM   #6  
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My crime was transporting Illegal aliens in my car.

If it was an issue to be working in a bar why they didn't tell me before, they know what I do for living.

I also lost 2 big contracts with big corporations for thousands, they gave me a permit for 6 months to go work in Az and one day they called me and said, you have 24hrs to come back because Az don't want you there. They are going to arrest you if they find you there, I was like what!!! I have a signed permit by you!

I appreciate all your comments, I don't know what to do. This is what I love to do and I don't want to quit.
I think he does not understand that this business is not only showing up to play music, there is a lot more than that. I think he wants me working full time and I do, but there is no way to prove it.

I'll go to see his supervisor and try to explain more about the dj business, I know most people don't know about it.

I am going to start documenting everything.
Thanks
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Old Nov 3, 2009, 07:17 PM   #7  
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My crime was transporting Illegal aliens in my car.

If it was an issue to be working in a bar why they didn't tell me before, they know what I do for living.

I also lost 2 big contracts with big corporations for thousands, they gave me a permit for 6 months to go work in Az and after 5 months they called me and said, you have 24hrs to come back because Az don't want you there. They are going to arrest you if they find you there, I was like what!!! I have a signed permit by you!

I appreciate all your comments, I don't know what to do. This is what I love to do and I don't want to quit.
I think he does not understand that this business is not only showing up to play music, there is a lot more than that. I think he wants me working full time and I do, but there is no way to prove it.

I'll go to see his supervisor and try to explain more about the dj business, I know most people don't know about it.

I am going to start documenting everything.
Thanks
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Old Nov 4, 2009, 09:04 AM   #8  
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No need to post the same answer three times -
Excon gave good, solid, looking at all of the aspects advice.

I'd take it.
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