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missbug1984 · Mar 1, 2011, 02:17 PM

My boyfriend is currently on probation and has been for 7 years now for sexual/internet crimes. We were getting ready to file for him to get off it since we are halfway through, but he got a new probation officer who freaked out because he has computers in his house, which the judge says he can have. He was asked to take a polygraph and failed the polygraph. He is now being violated, not because he has computers in his house, but because he failed the polygraph and the last 4 polygraphs he admitted he had internet pop-ups that contained sexual content. He has not violated any of the written rules of probation that I can find. Are there any guidelines as to what his PO can throw him in jail for and what he cannot? He has 6 months "discretionary time"; does that mean that if he just did the 6 months now, his PO cannot just put him back in jail?

Fr_Chuck · Mar 1, 2011, 02:30 PM

The PO can "throw him in jail " or issue a warrant for violation of probation if he believes or have reason to believe there is a violation of the terms.

No the PO can put him in jail up to the last day of probation if he violates any of the terms.

missbug1984 · Mar 1, 2011, 02:50 PM

Is there no checks and balances to make sure the PO is not just doing this because he is mad at me for initially refusing to give him my personal laptop? I feel like this PO is on a power trip. The judge tells my boyfriend he can have internet, this PO says he will violate him if he doesn't get rid of it (even before the failed polygraph). He says I have to turn in my computer, which I owe, bought and paid for, and is on my property, or he will violate him and issue a no-contact order. There has to be something to protect against angry POs.

excon · Mar 1, 2011, 04:28 PM

Hello m:

The PO can violate him, but he'll have a hearing in front of a judge. That might be his best bet.. In fact, if the judge SAID he could have a computer, if I was him, I'd be writing the judge a letter telling him the PO doesn't like his court order. Send a copy to the PO AND his/her supervisor.

excon

Fr_Chuck · Mar 1, 2011, 04:36 PM

Agree with excon, if the judge on record said he could have a computer then it would be in the judges orders

missbug1984 · Mar 1, 2011, 04:42 PM

It's not a written court order. We've got an audio file (and now a transcript) of him going before the judge in 2006 about having a computer with internet. The judge said she didn't even know why he was there, she never said he couldn't have internet access, and she wouldn't violate him for having it. But, she never put it in an order. Does that mean it's invalid because she said it but didn't document it?

excon · Mar 1, 2011, 04:47 PM

Originally Posted by missbug1984

But, she never put it in an order. Does that mean it's invalid because she said it but didn't document it?

Hello again, m:

If she said it, and YOU have it in writing, it's a court order.

excon

missbug1984 · Mar 1, 2011, 04:54 PM

Is there a hearing anytime a PO wants to impose jail time? If so, does the person that is being given the jail time have the right to be present?

excon · Mar 1, 2011, 05:18 PM

Hello again, m:

Think of your bf's PO as a cop. He can arrest people, but a judge decides if the person SHOULD have been arrested... If your boyfriend was a FREE person, he MUST be seen by a judge within 72 hours, or they have to let him go. Being on probation, he doesn't have that right, so the PO can keep him in jail for longer. Usually he'll have a hearing within 30 days - but he WILL have a hearing... The PO COULD, of course, decide NOT to violate him, and let him out before his hearing.

So, that means that the PO DOES have some punitive powers. But, I say again, if a judge said he can HAVE a computer, please let the judge know that a piddly assed PO doesn't think the judge knows his business. In my letter, I would USE those words.

excon

missbug1984 · Mar 1, 2011, 07:01 PM

I just reread his court orders and they say he has 180 days to be imposed at "the discretion of the probation officer "". Does that mean no hearing? What action can I take?

Fr_Chuck · Mar 1, 2011, 07:35 PM

Forget the 180 days, that is not the probation vioation.

In a violation the PO has him arrested, they will keep him in jail for a few weeks waiting for a hearing before a judge, at the hearing they can send him to prison for his entire probation time ( max they can do) or merely put him back on probation

And yes the PO can be a pain, and they can go on power trips. A PO is not there to be your friend, to be nice to you or even to help you. They are there to try and find a reason to send you back,

missbug1984 · Mar 1, 2011, 08:20 PM

But it appears he is not being put in jail for a "probation violation", because he has not broken any of the court orders or the rules of probation. The PO is accusing him of viewing pornography, but there is nothing to back that up. He has passed the last 4 polygraphs that have asked about pornography, but he doesn't believe him, saying he lied and somehow passed the polygraph anyway. This polygraph he failed, and now the PO believes the polygraph is accurate. The person that gives the polygraph doesn't seem to think it is correct and simply said he needs to come in and take it again.

This seems to fall under the discretionary time. The PO says he can throw him in jail for 6 months and he just needs to write something to the court saying why he did. There has been no mention of a hearing. What can I do?

Fr_Chuck · Mar 1, 2011, 09:17 PM

Please understand, if the PO says he was viewing pornography, that is the violation he is using, does not matter if you don't think he has proof, the PO either thinks he does

So he has now failed a polygraph, that is the proof the proof the PO needed, a failed test, it can mean he viewed between last passed test and the last test he failed.

The person on probation should have the right to a hearing, if there is a clause that allows the PO to bypass it, there should be a opportunity to have it reviewed still by the judge.

Remember PO's lie, he may say he can throw him in for 6 months or say he can walk on water, it does not make it true.

But if he has had him given 5 polygraphs, they must want him back in jail real bad

missbug1984 · Mar 1, 2011, 09:31 PM

He has an annual polygraph, has been on probation for 7 years. Passed every single one of them. They took his computer to attempt to prove he has been looking at pornography, which will prove he has not. Last I checked, failed polygraph is not admissible in court because it is not accurate.