I'm desperate to get my daughter out of jail for a misdeamnor probation violation. She has been in there now 2 weeks. Last week she requested a early release on a 30 day sentence and it was approved by her probation officer. I intend on writing the letter below to the manager of the private probation agency in which she reports to. Review the give me comments/advice, etc. I'm desperate to get her released. Just moments ago she phone and said she received something late last night that read as if now she in facts has 2more weeks to serve.

Dear Mr. Manager:

I am writing you to express my sincere concerns regarding the process we (family) have been through to get Pam T. released from Bartow County Jail. The following is a DOCUMENTED COMMUNICATION TIMELINE regarding the release of my daughter.

On Tuesday (3/10) I made a partial payment by money order of $275 to your SSI office in Cartersville.

I spoke with Ms. Borton on Wednesday (3/11) and she confirmed receipt of the money order. That same day Pam’s father (Rob T. in Alabama), made an online payment of $275via safeBond - The nationwide leader in online filing for traffic, courts, and corrections. (http://www.safebond.com), and received written confirmation of said payment. Effective Wednesday (3/11), a total payment of $550 had been made on behalf of my daughter.

On Thursday (3/12) I also spoke with Sergeant Bilson at the Bartow County Jail and was told they were waiting for the payment to be processed by SSI. After speaking with Ms. Borton she stated that the online payment had not been received but Pam had previously signed the early release form and once the online payment is received the early release for my daughter would be completed.

Now on Friday (3/13), I once again followed-up with Ms. Borton to get the status of the online payment but no return call from her was received. I could not understand why the payment had not been processed when payment had been made online the day before. Isn't that one purpose of making payments online through SafeBond is to expedite the payment process? Not getting a response from Ms. Borton I contacted Mr. Good Guy (SafeBond) at approximately 1:00pm. I explained the situation to him and was was confused with the delay in processing the online payment made Wednesday. Mr. Good Guy stated he understood my concerns and would get someone working on this immediately. Moments later I received a call from Mr. Nicer Guy (SafeBond). I explained to Mr. Nicer Guy the dilemma. He asked me to hold a moment and he would check online for payment. I held and he came back to the phone and said I do show the payment had been made and processed on Wednesday, 3/11. Mr. Nicer Guy said I will call SSI and explain that according to his records, payment had been made and processed through the SafeBond system. He called me back and stated he did speak with a woman from SSI and they felt there should be no problem getting my daughter’s early release approved, since all criteria had been met. The lady told him Ms. Borton would call me back to notify me of this. Once again I waited and unfortunately no one phoned me back. I in turn called Mr. Strange back and explained I still had not heard from anyone. He called the SSI office now for the second time and left a message to have someone contact me immediately. Finally late that afternoon (3:47pm) Ms. Borton called me and stated the reason for the holdup in the release process is that the manager was on vacation and had been since Thursday (3/12) and no one could approve it but him. I said is that manager Bill Lee? Ms. Borton said no it is Mr. Manager. I asked her to spell your last name and she complied. I confirmed with Ms. Borton that no one else within your organization had authority to authorize this in your absence and she said that is correct. But when you return on Monday morning from vacation, my daughter would be released. I asked her since she knew of your pending departure on Wednesday, why didn't she present you with the paperwork then so all this could have been avoided? Therefore it would have been unnecessary for my daughter to stay in jail 4 days after the full payment and the required paperwork had been received. Ms. Borton then threatened me by saying you know I could make her stay for a full 30 days. I was astounded at that unprofessional comment! I asked Ms. Borton, after we hang up will you please call me back and leave me a message as to why Pam was not released today (Friday, 3/13)? She simply said NO. I felt at that point Ms. Borton was totally unethical in how my daughter's case had been handled. Unimaginable and unspeakable as it seems, I fear her disregard to her duties as a Probation Officer was due to MY persistence and determination to get to the truth in why my daughter was not released. I spoke with Mr. Nicer Guy (SafeBond) and gave him this new information and he said he had just hung up with someone "high-up" and now SSI is now confirming the online payment had been received but no other payment had been made. I said that is odd, since my money order payment of $275 had been confirmed by Ms. Borton on Wednesday (3/11).

I am aware my daughter did wrong, first by shoplifting and then by not keeping up with her weekly probation fine of $45, but she has had three jobs in the past several months. One job she had as a server and the restaurant closed. The second job (also as a server), the restaurant had to lay her off due to slow business. The last job she had as a telemarketer, upon arriving to work one day found the doors locked. My daughter has a young toddler 2 years old and needs to be home with him and working in order to make restitution by paying this weekly fine.

Lastly, I realize the job of a probation officer can sometime be stressful but I also feel strongly that my daughter has been not treated fairly under the above circumstances. I understand SSI is a privately held company, nevertheless all SSI employees should be also held accountable for their actions. As a role model to all convicted people , and a officer of the court, I feel Ms. Borton crossed the line and was unethical in her duties by intentionally lying to me and others about the payment not being received to purposely hold my daughter two extra days. Not to mention, threatening to keep her for a full 30 days truth.

Mr. Manager, below are phone numbers and names of all I have contacted so that you will hopefully do an internal investigation. Lastly, as mother to Pam and grandmother to her 2 year old son Eric, I am pleading with you to release my daughter immediately. Please give me a call at your earliest convenience so I may discuss this with you further. Thank you for your help!

Hello ts:

It would be MY view that the only way you're going to get relief, is to hire a lawyer.

Appealing for reason isn't going to work very good. Reason isn't one of their guidelines.

excon

I personally don't think it's a good idea to ask for a favor based on alleged irregularities by the person who has input in whether the favor is granted. I don't think it's a good idea at all.

As Excon said - hire an Attorney.

I think you are making a bad situation worse and "fair" and "legal" are not the same.

Thank you, EXCON and JUDYKAYTEE for responding.

My daughter signed and the probation officer approved a early release waiver (not sure of exact title) earlier in the week. Can this be rescended by her on a whim, without legimate grounds? Is the PO totally above retribution? Unfortunately, I'm not in a financial position to hire a lawyer (vs. a public defender who helped here initially). If that was the case she would perhaps not be here serving a shoplifting charge for a $10 item and be fined over by the court $500 and the private probation company over $2,300 and a years probation! Just this week I gave the probation company $550 and my daughter still can't be released. Since the probation company is in the private sector (not government overseen), they still are required to follow some policy and procedures, right? I thought about emailing several judges that oversees the commission that approves these private agencies. Also, I thought about contacting a local TV station in Atlanta that assists consumers by exposing businesses (both government and private) when their actions (policy & procedures) are questionable. Thoughts? It is mystery to me why these individuals have such "power" over an individual and can not be held accountable for their actions? Are you saying anything short of physical abuse to the offender is allowed? As a mother to my 21 yr. old daughter it is hard to sit by and watch this happen she calls me every night in tears. To make matters worse now I could be responsible for her having to stay the full 30 days. I can hardly bare it, my heart is breaking!

First you said this was a "private probation officer" this means they are not a state employee and are merely hired and contracted to collect moneys and monitor the activities.

And to be honest it is easier with a private probation officer to stay out of jail, Since they earn their money from the montly fees the clients pay.

So if they sign to revolk a persons probation, it has to be for seroius reasons according to their rules, and often for failure to pay their monthly fees for more than a couple of months.

But sitting in jail often teaches them a lesson also, it is obvoius, first
1. they did something criminal to get on probation
2. and then they did something, did you say shoplighting to violate their probation.

Also the PO can only recommend a early release they do not have the authority to issue it. So their request goes to the judge who will be the one to decide if a early reason will be allowed.

And if you want her to be sitting in jail for months, bring a big scene into this will only make them find and prove reasons for her to be revolked

And if she did another crime, they can legally decide to send her away to prison for the entire orgainal probation time.

I guess the issue is you are making excuses for your daughter. She did violate the probation, and sending money in latter after the fact is often too late.

The only thing I see is that the PO should never promise they will be released early, they don't have that authority.

Next only the judge is the one to sentence them after they violate their probation

I will be frank, you cause them trouble, they will be sure that any even slight one minute late with payment, puts her back in jail time and time again.
Trust me, you don't even know what hell they can put on her if and when they get it in for her.

So who long was the original probation, that is how long they can send her to prison or jail if they want to, so that is how bad you can make it.

It sounds like she did violate her probation and is now merely paying that price.

Can this be rescended by her on a whim, without legimate grounds? Is the PO totally above retribution? Unfortunately, I'm not in a financial position to hire a lawyer (vs. a public defender who helped here initially). If that was the case she would perhaps not be here serving a shoplifting charge for a $10 item and be fined over by the court $500 and the private probation company over $2,300 and a years probation!

I can hardly bare it, my heart is breaking!!Hello again, t:

Perhaps not...

I think you have a fundamental misunderstanding of the system your daughter has entered into.

There's a couple things you should know about the people who are in charge of your daughter. They (1) act anyway they want (as you have discovered), and (2) they don't care what YOU think about it.

They only care what you DO about it, and writing letters ain't it. Your letters DON'T intimidate them. In fact, what your letters DO, is bring attention to your daughter - the WRONG kind of attention. They don't like people like that...

On the other hand, a lawyer CAN DO something about it. Her jailers DO buckle under when the LAW is brought down upon their heads like a ton of bricks... Your letters don't do that. Only a lawyer can do that.

Broken hearted as you are, the good news is there IS life after jail. Especially when her sentence is really tiny compared to people who are doing REAL time.

excon

Fr-Chuck, to clear up some of your questions.
The original charge was shoplifting and she received a fine of $500 from the court and $2,300 from the PRIVATE probation company. She has been out of work as you can see from the end of my original request and unfortunately could not even pay her $45 week fine/fee. This of course lead to her arrest for probation violation, which is what she is in jail for now. I need to find out just exactly she signed earlier in the week. It may have been a waiver to have a judge hear here case but be allowed early release. Will know more today during visitation.

As in health care and so many others, the legal and or justice system ignore the poor, and help the rich!

As in health care and so many others, the legal and or justice system ignore the poor, and help the rich!Hello again, t:

I know you haven't had time to digest my post yet, but of course I disagree with your above statement...

Poor or rich has NOTHING to do about it. FORCING bureaucrats to OBEY THE LAW is the only thing that matters, and EVEN the poor have access to the courts...

Yes, it IS easier if you can afford a lawyer... But, since you can't, that's why you're here asking US questions...

If your daughter had a longer sentence, I'd teach YOU how to get relief by using the LAW just like a lawyer would... But she'll be home before you can get your first document...

excon

If you would like to discuss whether the law is fair, whether rich and poor are treated the same, whether there is an advantage to having an Attorney, I respectfully request that this thread be moved to a discussion board.

If you want to discuss whether your daughter broke the law and then did not comply with the terms of her probation, this is the place for that.

And that question has been asked and answered.

Unfortunately, if she's old enough to be a single mother and old enough to commit a crime for which she was found guilty she is considered legally to be old enough to comply with the terms of her probation.

I work in the system and have for years. You - as I said and Excon repeated - are only making it worse by bringing attention to her and her situation. Keep stirring the pot and the result will be that her probation will be revoked, she'll serve jail time and if she's ever picked up again she will receive absolutely NO mercy.

I quite frankly don't understand how/why you and her father have the money to send concerning this probation violation but no one could help her with her weekly restitution or fine or whatever she's paying - ?

Unfortunately, your daughter was violated for not paying who knows how many weeks of the $45 probation fee. As Judy pointed out above, why are you and the father paying now versus when she was out of jail?

Her calling you every night is just running up your phone bill. Each call can cost you as much as $20 as it is a collect call at exorbitent rates. You will end up getting your phone shut off if you don't pay the collect calls. Depending on how long she talks to you each night it could be in the $15-$20 per call range. Would suggest that you either visit her every day or write letters to each other every day.

Please don't write letters to the probation company as you will just be bringing the wrong kind of attention to her.

If she does not get released back to probation, how much time in jail is she supposed to do for the violation of probation? Will she have more probation to do if she does her 30 days in jail?

She could get out early on good behavior or doing some kind of job at the jail for some "good time". If she does end up staying in jail for the VOP then she won't have the $45 a week hanging over her head when she gets out -just the $500 fine.

It may not seem "fair" to you, but it is legal and the probation company certainly didn't want to lose a "good customer" but since she wasn't paying, she was not a good customer to them but a deadbeat. They don't care if you are employed or not, they just want their weekly fee.

Minutely documenting everything in a letter is a no, no. They don't care. They have their money. She is in jail for not paying.

Short of getting an attorney to help you on this matter, there is nothing that you can do about this.

She will just have to see what the Judge says about getting out of jail early.

Oh, I quite agree Judy, but mom has to understand that the price of EACH phone call is extremely pricey and she needs to know this otherwise her phone will be turned off next month if she can't pay a $600 phone bill. Letter writing is much cheaper.

Was this misdemeanor probation? I'm looking for probationers who may have had their rights violated.

was this misdemeanor probation? i'm looking for probationers who may have had their rights violated. call me at ..


This is not a discusson board - please read the rules of the site and, more importantly, don't use this site to fish for business.

I apologize. It may be that I am in a good position to offer help, being that I'm an attorney licensed to practice law in Georgia.

Is there a way to contact posters directly? I sure hate to offend the rules of the game, but I do like to offer a real solution to a real problem.

It may be that I am in a good position to offer help, being that I'm an attorney licensed to practice law in Georgia.Hello j:

Help is always welcome here... But HERE is where the help should be given. It's a public board where EVERYBODY benefits from the information. It's not site to advertise for private consultations.

excon

I am a poverty lawyer. I represent clients under a national pro bono program. I wasn't advertising for commerce.

You guys make people feel so welcome here. Anybody know how I can cancel my registration?

I am a poverty lawyer. I represent clients under a national pro bono program. I wasn't advertising for commerce.Hello again, j:

Have you ever had a client tell you his story in two sentences?? It happens here all the time. After some discussion, however, the FACTS eventually come out...

I'm CERTAIN, that had you made PLAIN in your FIRST post, what you made plain in your LAST post, your FIRST post might not have been met with hostility.

If you want to leave, see you.

excon

I am a poverty lawyer. I represent clients under a national pro bono program. I wasn't advertising for commerce.

You guys make people feel so welcome here. Anybody know how I can cancel my registration?


No need to cancel. Just stop posting.

Stop throwing eggs and I'll stop having to deflect them.

stop throwing eggs and i'll stop having to deflect them.



Surely you can do better than this - :D.

This defense is called "The Devil Made Me Do It." I've never seen it work in Court and it's not going to work here.

I apologize. It may be that I am in a good position to offer help, being that I'm an attorney licensed to practice law in Georgia.

Is there a way to contact posters directly? I sure hate to offend the rules of the game, but I do like to offer a real solution to a real problem.

Hi jseguilaw, I'm interested in correspondance with you. Does your firm have a website or a way to contact you? It doesn't appear that I am able to contact users directly through this site.

Hi jseguilaw, I'm interested in correspondance with you. Does your firm have a website or a way to contact you? It doesn't appear that I am able to contact users directly through this site.


If you read through the posts you will see that there is some question about whether this person is/was an Attorney AND she/he stormed off some time ago.

I actually was able to find him through a Google search. Thanks.