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View Full Version : Probation Officer intentionally leaving out pertinent information


mystical1
Dec 15, 2012, 03:53 PM
This maybe long but I really need some help here.

This is in Bell County Texas, the young man is 20, and he has some college.

My daughter's boyfriend was arrested and placed on Deferred Adjudication for Burglary of a Building back in 2010. Last week, when he went to go see his probation officer, he was arrested on a Motion to Revoke. Understandable. Because he violated his probation, in the past. For 2 years this young man has been actively seeking employment, but never had any luck. And finally at the beginning of November he found a job, that pays more than average, but only part time. He went into to see his probation officer on the informed him of his of his employment. Things were starting to really look up for him.

But this time when he went he was arrested for MTR. I don't understand this. He had violated his probation in the past, but why didn't his probation officer do anything back then why wait until he is finally get his life in order?

But anyway, I received the paper work from his attorney yesterday in regards to his MTR, and on it his PO stated that he is unemployed. His probation officer knew he had a job, and was doing good, so why would he state that he was unemployed?

My daughter and I went and seen the PO right after the arrest and his probation officer stated that he was concerned about his use of marijuana. I understand, however, if he was so concerned why did he not address it after the first time or second time, why wait until now after he is turning his life around. And why did he not file it when he went to jail in September?

I feel that his probation officer purposely did this, and it is wrong! Then he falsified information to support the reasoning behind his motion to revoke.
Is this legal?

According to some information that I have read this is considered falsifying documentation with intent, and considered a felony offense, but I just want to make sure I am right.

I went to talk to the PO's supervisor, and basically she told me he was just doing his job. Really? Doing your job is making sure that he is following the rules of the probation, so if he was doing his job without prejudice, then why did he wait and not pursue proper course of action at the time the incident occurred?

If anyone can please help me understand and clarify if there is a course of action we may take then please help. I am not just really trying to understand.

Fr_Chuck
Dec 15, 2012, 08:53 PM
POs often give the person a few meetings to stop doing some behavior.

You seem not to addess the problem, the person was still using drugs,
Had he stopped he would not be violated.

So hire him an attorney to represent him at the hearing, the PO merely violates him and sends him before the judge, the judge will decide what happens.

The biggest issue I have seen is the PO even talking to you, since you are not related to the case legally, they should have sent you on your way without talking to you at all.

But this is the system and yes sounds like a PO who is just doing his job,

You sound like the parent ( friends parent this time) who does not want to put the blame on the real person who is at fault, the person who is still breaking the rules

mystical1
Dec 15, 2012, 10:17 PM
Where did I say this guy was still doing drugs? No he wasn't at the time and hasn't for quite a while.
Thanks for the judgement appreciate that, but that is not what I was here for.
If this probation officer was so concerned and just doing his job, then don't you think that he should have done his job in the beginning and reported it then? I understand about giving an opportunity, but after the first time, but after that don't you think you should take action, because isn't that what you swore to do?
I am by no way making excuses for this guys actions. Wrong is wrong no matter who does it. But being you're the PO you have an ethical responsibility to not only the courts but the probate as well to ensure he is following his probation. This is a rehabilitation process and how are you helping the probate if you consistently dismiss the violations, and then you wait until he is getting his life back on track to decide you want to do your job and enforce the orders of the probation.

Is this the typical way how it works? In this line of work you have a ethical duty and responsibility to ensure you are fair, and unbiased, however, this does not seem he is being fair and unbiased, sounds more like he is using his power and authority when it suits him.

If this is the system then don't you think it needs to change and some procedures need to be put in place so that PO's and other officials can't use their personal bias as to how a case will be handled?

Plus, like I said and you failed to mention, in his statement to the courts, he specifically, intentionally left out the fact he was employed, he specifically stated that he was unemployed and still owes xxx amount of dollars and therefore he believes that his probation should be revoked. If that is not intentional and false then I don't know what it is.

I am a person of justice, the young man did wrong, he knows he did that is why he had stopped the behavior, and was trying to do what was right. He finally had was given the chance to work and now, if he does not get out within the next few days, he will no longer have a job.

Our judicial system is full of power hungry and corrupted individuals, more so then some of the ones they have behind bars, they just haven't got caught yet, or society chooses to turn our heads and act like nothing is wrong, you sound too me that you are the okey doke type that sees something wrong and goes along with the flow.

Yeah for folks like you, and then we wonder why our world is so f'd up.

odinn7
Dec 15, 2012, 10:38 PM
Where did I say this guy was still doing drugs? No he wasn't at the time and hasn't for quite a while.


Well, I read it the same way as Fr_Chuck did when you wrote:


his probation officer stated that he was concerned about his use of marijuana.

Nowhere after that did you state that he has stopped. You posted that and left it to anyone reading this to try and figure out or guess that he had stopped.

joypulv
Dec 16, 2012, 04:18 AM
"...concerned about his use of marijuana....why did he not address it after the first time or second time....why did he not file it when he went to jail in September.."

What first or second time? He was tested? How often? He went back in for it?
You are glossing over a lot of pertinent information with your concern over why this happened later rather than sooner. This is partly a problem of hearing this from you rather than from him. I don't see how we can help with so much missing information. And I do agree that most POs wouldn't talk with you at all. He has a lawyer, and you can ask him or her these questions.