View Full Version : Can they do that?
Sparklesdiamond
Dec 3, 2012, 01:37 PM
My husband was convicted of a sex crime 10 years ago when he was 17 and girl was 16... completed probation treatment and now was involved with a completely unrelatable crime and is on probation again the probation officer made him be evaluated and was low risk and now has to retake this course from the crime 10 years ago and needs to follow sex offenders rules but no need to register we can't take our kids to the parks he can't go and see their programs just really confused can we get a modification we are in wi
ScottGem
Dec 3, 2012, 02:53 PM
Do you have an attorney? If so, have them fight it.
Sparklesdiamond
Dec 3, 2012, 04:50 PM
Do you have an attorney? If so, have them fight it.
What kind of an attorney would fight this? It was suppose to be expunged off his record but he never knew that there was a court process for expungement just assumed it would fall off thank you!
ScottGem
Dec 3, 2012, 08:21 PM
A criminal attorney
Sparklesdiamond
Dec 4, 2012, 06:32 AM
A criminal attorney
Thanks I am going to do some calling today!
excon
Dec 4, 2012, 07:09 AM
Hello S:
I'd try to fix it myself before I hired a lawyer, and I have SOME experience at doing that very thing that might help.
The first thing you must realize is that there's NO turning back once you begin the fight. Ok, let me rephrase that... The PO started the fight, and there's no turning back if you DEFEND yourself. They don't LIKE to be challenged, and they'll retaliate. So, make up your mind to be fully IN, or OUT. There's NO in between.
To protect yourself, EVERYTHING must be documented. Every phone call, every meeting, and of course, every letter. If he has a meeting, he writes them a letter CONFIRMING what transpired during the meeting... If he has a phone call, he writes them a letter CONFIRMING what was said. Every letter must be sent CERTIFIED, return receipt requested.
In the FIRST letter, he simply asks to have a copy of Policy and Procedures Manuel for the probation department... Ask him to point out the particular rule that allows the PO to inflict these new rules. Send a copy of the letter to the PO's supervisor, the prosecutor and the judge...
Simply RECEIVING the letters will put them on notice that you're going to see this thing through, and that you've gotten some LEGAL advice. That, in and of itself, MIGHT solve it. They don't really want to take on somebody who KNOWS the rules... If it doesn't, then you'll know where you stand...
I promise you, that your son cannot be made into a sex offender NOW. We can win.
excon
Sparklesdiamond
Dec 4, 2012, 09:40 AM
Hello S:
I'd try to fix it myself before I hired a lawyer, and I have SOME experience at doing that very thing that might help.
The first thing you must realize is that there's NO turning back once you begin the fight. Ok, let me rephrase that... The PO started the fight, and there's no turning back if you DEFEND yourself. They don't LIKE to be challenged, and they'll retaliate. So, make up your mind to be fully IN, or OUT. There's NO in between.
To protect yourself, EVERYTHING must be documented. Every phone call, every meeting, and of course, every letter. If he has a meeting, he writes them a letter CONFIRMING what transpired during the meeting... If he has a phone call, he writes them a letter CONFIRMING what was said. Every letter must be sent CERTIFIED, return receipt requested.
In the FIRST letter, he simply asks to have a copy of Policy and Procedures Manuel for the probation department... Ask him to point out the particular rule that allows the PO to inflict these new rules. Send a copy of the letter to the PO's supervisor, the prosecutor and the judge...
Simply RECEIVING the letters will put them on notice that you're going to see this thing through, and that you've gotten some LEGAL advice. That, in and of itself, MIGHT solve it. They don't really want to take on somebody who KNOWS the rules... If it doesn't, then you'll know where you stand...
I promise you, that your son cannot be made into a sex offender NOW. We can win.
excon
We are more then ready and he's been to these classes already these classes are for the scum of the earth and I'm sorry but at the age of 17 and the girl was 16 honestly who doesn't have sex at that age anymore regardless mom or the girl found out and this is what happened this was 10 years ago he's 28 now and it's being brought up.. we have a 5 and 2 year old together and now he doesn't have to register but needs to follow the rules is sick in its self we have been together 8 years ourselves and us trying to move we can't be so many feet from a school or park... His p.o. Calls hima sexual deviant like seriously? Just disgusting grrr sorry just frustrated this class he takes cost $25 and is 40 miles away its wasted money plus he hasn't even got a book yet and has been going since August this was NOT court ordered he did his aoda class which was and completed that successfully he's trying to do right and I will definitely be taking your advice as well we just don't have 2,000$ for a well maybe we can get this modified thank you and another advice is certainly appreciated!
excon
Dec 4, 2012, 08:13 PM
Hello again, S:
Send your first letter.
excon