View Full Version : On parole & ankle bracelet
handydo
Nov 21, 2012, 08:00 PM
My son was released in May 2012 after a 5 year prison sentence. His parole officer told him that he needed to place a randomly selected parolee with an ankle monitor, so he picked him. My son went to the office, the day the parole officer indicated, and he did place the ankle monitor on him.
My son is pretty upset, as am I. We want to help in some way, but don't have the financial resources to hire an attorney.
He was went to prison for commercial robbery but not for anything of a sexual nature, drugs or using a gun, so I am asking if the parole officer is allowed to do this. My son talked with his supervisor, but he told him he had to wear it anyway for 6 months. My son was angry, refused to sign, and they initiated an arrest until he relented and signed the condition of the ankle bracelet.
Are they allowed to do this legally? My son hasn't gotten arrested or charged with anything. He's been straight since being released. Finding a job is hard enough for him, and now with the ankle bracelet and the restrictive hours of curfew, 11 PM to 5 AM, he is even more limited. What can you suggest? Have his rights been violated? Thanks for any information or recommendations. We are in CA.
excon
Nov 22, 2012, 05:58 AM
Hello h:
Have his rights been violated?I believe they have. Have him write a letter to the supervisor who he spoke with. Outline the history as you've done here and ask to see the WRITTEN policy wherein it says that random parolees will be saddled with a tracking devise. IF your son has NO WRITTEN conditions stating that he must meet a curfew, mention that in his letter too. Send copies of the letter to the PO, and the supervisor and the supervisor's supervisor. If there's a head of the parole department, send him a copy too. Send a copy to the judge too. Send them ALL certified, return receipt requested...
Without having made ANY demands, they can see that you're prepared to, and just might do the right thing after getting his letter... IF the letter doesn't work, it's back to court, and I'll help you do that too.
I HATE PO'S!!
excon
Fr_Chuck
Nov 22, 2012, 06:37 AM
On parole, the Parole officer can do almost anything they want. They may search him, his home, anywhere he lives, his car and so on, anytime they want without a warrant of any type.
Next sorry but 11pm to 5 am, don't see where that is an issue unless he was going to get a night job, So he has to be home and asleep when most working people are home asleep.
Next since the Parole office verifies jobs, the work place will have to know he is on parole anyway.
But yes, and of course he can always just go back in and serve the rest of his time and max out.
excon
Nov 22, 2012, 08:43 AM
Hello again, h:
His parole officer told him that he needed to place a randomly selected parolee with an ankle monitor, so he picked him.The more I think about it, the more CERTAIN I become that they're violating your sons rights... The reason is simply this: in this great nation of ours, punishment is NOT handed out randomly.
Write those letters.
excon
handydo
Nov 22, 2012, 10:31 AM
Hello again, h:
The more I think about it, the more CERTAIN I become that they're violating your sons rights... The reason is simply this: in this great nation of ours, punishment is NOT handed out randomly.
Write those letters.
excon
When my son writes those letters, will the parole officer tend to harass him? He doesn't seem to be a decent fellow. My son was 18 when he made terrible choices. He is 24 now and is trying to be normal, Like date, work a
handydo
Nov 22, 2012, 10:50 AM
Sorry about that... I was trying to finishing typing that he's paid his dues for his stupidity. He is a 24 yr old man who wants to go to a movie and not have an 11 pm curfew out of nowhere. Also, he is trying to get a job loading and it is a 24 hour operation. If he has limited hours availability, it will hurt him.
Also worth noting, when my son asked him why he chose him again, he said it was because my son is his "most reasonable customer." That's why I'm saying this guy seems like he could cause even more trouble for my son, who is easy going and has a fair relationship, having been respectful to the parole officer. I'm concerned that he may go out his way to be difficult to my son, if he questions him further. They have a lot of power over these people, as you know.
I appreciate both your and Fr Chuck's input. I'm forwarding these to my son, and he can make his decision. I will help him write letters if that's what he chooses to do. I offered to go down there yesterday but he said it would only make it worse.
excon
Nov 22, 2012, 11:04 AM
Hello again, h:
Yes. They're NOT nice people. That's why I recommend that this issue be documented on PAPER. Once there, even though the PO is a PRICK, if he's smart he'll realize that he's putting his OWN career in jeopardy. If confronted, your son must remain strong, calm and polite.
The letters are shot across the bow. It's letting them KNOW you're questioning their authority. They DON'T like that at all. But, from MY perspective, I don't care what they like or not. I did my time MY way - not theirs. I NEVER laid down for them. Now, I'm a guy who knows the law and knows the rules. Most of them, don't. They make it up as they go along - which is what I think your sons PO is doing. Well, they didn't get away with that crap with me...
Now, your son may NOT want to fight. I understand perfectly if he doesn't, and I respect his decision. But, there's no middle ground. He's in, or he's out. If he's in, I'll be behind him...
Because I BELIEVE they're making it up, what I THINK will happen after they receive the letters is that they'll just take the bracelet off and say the program is over... They'll NEVER admit they made it up, and that should be fine.
excon
handydo
Nov 22, 2012, 12:07 PM
Thanks excon. I'll let my son know so he doesn't go crazy feeling like a tagged animal. At least he'll know he has this option. Hope your Thanksgiving is a happy one.
Alty
Nov 22, 2012, 03:12 PM
I have no advice, I just want to say that Excon knows his stuff, and you're very lucky to have him helping you in this.
I find what's happening to your son to be ludicrous. He's paid his debt. It sounds like they're just testing out these ankle bracelets and your son was the unlucky guinea pig they chose to test them on. That's not right, not at all.
I hope you win this one. :)