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    tgray30's Avatar
    tgray30 Posts: 4, Reputation: 1
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    #1

    Apr 7, 2011, 12:14 PM
    Can I be charged?
    An individual was paroled to my house in August of 10 and he did live there for a while but around end of February/ beginning of March he started spending increasing nights away from my home with a girlfriend. The parole/probation people were able to verify that he lived there and he was there when they came sometimes but then when they would come and he wasn't there, we would tell them he was at work (truth) or over his girlfriends house (also truth). They never actually asked if he lived there if he wasn't present. Recently my complex found out that he was registered as a sex offender (I did not know this as the charge is from 1998) living at my address (address listed on gbi website) and advsd that I needed to rectify this situation within 24 hours or my lease would be terminated and that he was no longer allowed on the property at all. I adsvd the young man he could not come on the property and that he needed to change the address immediately to reflect where he was living. He advsd he would find an address in 72 hours to report because he could not use his girlfriends address as she is on section 8, but I only had 24 hours. I called the sex offender unit in cobb, explained and they stated that he could change it or I could come and fill out a witness statement saying he doesn't live there. I chose the latter. When I filled out the statement I advsd that he no longer lives at my residence but did frequent the property and would spend the night maybe one night a week and told the truth about where he stayed and how many nights he was there, I advsd of young ladies name, her vehicles and that when probation/parole came by we would tell him and he would hang around until they came by and then be on his way- I did not clarify that he definitely resided there when they came by but he did reside there at the time

    A few months ago a deputy came by looking for him and I advsd he was at work and I had seen him the night before. The officer asked who I was and I advsd that he calls me his sister but we are not blood related. He then asked me what time would he be off and I advsd I was unsure since I work at night. He gave me his card and advsd me to tell him to get in contact with him which I did. Now that I have filed the statement saying he doesn't live with us, the officer called me today and said that he will be filing a felony warrant against me because when he came by he specifically asked if the young man resides there and I told him yes, and now I am saying that he never did - I advsd he never asked me that and I never said that he NEVER lived there but he doesn't now and that is why I signed the statement. The officer said I lied and hindered his investigation and he would be filing a warrant against me. He says he wrote what I said in his notes, but he wasn't writing at my door and he never asked me that specifically and I never implicated on way or the other. Can I be charged with a crime here? It was not my place to let parole/probation know where he was, it was there place to keep up with him and I never said what he is saying I lied about.

    Today I found out lots of new things- #1- my husband and the parolee both told me today that he WAS actually staying there at night. I work at night , make it home about 11pm, in bed by 1am. The advised me today that due to the frequent arguments about him being there, he was coming over during the day, leaving about the time I would come home and then would come back around 2 or 3 am and knock on my sons window to let him in since I locked the top lock, sleep, and leave between 7 am and 9am when my husband and son left for so that he was not there when I would awaken around 1045-11am. So I was not seeing him and assumed he was not staying there because no one told me otherwise.

    My husbadn said that he tried to call me before I went in to make the statement and was texting me but I would not answer ( which he did but I was already with an officer). He called the officer today and explained this to him and advised him that I was not aware of the situation and the statement I gave was true to my knowledge. The officer advsd him he would be speaking to the parolee and would get back with us. The parolee also told me the same thing and advsd he will be telling the officer as well that I was not aware he was still sleeping there and leaving before I got up.

    OAN: The officer advised me that he is attempting to charge me with harboring a sex offender which in GA carries a mandatory 5 year sentence. I didn't know he was a sex offender until 04/01/11 and it turns out that he was really living there all that time so he was in compliance. Shame on my husband for not telling me- but I checked the story and my 14 year old confirms as well- I'm lost now because technically no crime was committed- as far as I knew my statement was true and he was actually in compliance... help
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 7, 2011, 12:27 PM

    How is this person related to you? Or are you saying you "took in" a complete stranger?

    Unfortunately if you look at the terms of your agreement when you took this person in you very probably WERE responsible for keeping his PO advised - I doubt very much that the Court is going to believe it "was not your responsibility" to keep them informed.

    Yes, I think you'll be criminally charged. I think you played cat and mouse games with what you disclosed and what you did not disclose, your husband played cat and mouse games... and so did the parolee. You may very well be the only one who got caught.

    You need an Attorney or else you COULD face jail time.
    tgray30's Avatar
    tgray30 Posts: 4, Reputation: 1
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    #3

    Apr 7, 2011, 01:32 PM
    I never signed anything when he got out of jail and only talked to 2 people and maybe I need to clarify- its probation- not parole. Either way I don't think you understand what I am saying. HE ALWAYS lived there- but he was leaving when I came home and not coming back until I was asleep and leaving before I got up because my husband and I were arguing about him being there. So I was under the impression that he was NOT living there, he was staying with the girlfriend and just visiting because they were keeping that from me. But my statement says otherwise because that is what I believed to be true at the time- and he is not a stranger - he is a friend.
    tgray30's Avatar
    tgray30 Posts: 4, Reputation: 1
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    #4

    Apr 7, 2011, 01:34 PM
    And what can I be charged with?? I wasn't harboring a sex offender- I just gave an unknowingly fals statement...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 7, 2011, 02:11 PM

    tgray30 does not find this helpful : poster obviously doesn't understand the question


    You obviously didn't read the rules of AMHD - nothing I posted was factually incorrect. It is impossible to answer your question without additional info, which I requested. Please argue with the Court, not me.

    You are correct - I did read "probation" when you clearly said "parole."

    This is going to boil down to whether you can convince the Court that your friend, husband and son misled you/lied to you concerning whether this person was living in your household. A Judge may or may not believe you swore a false Affidavit. There is no way to know.
    tgray30's Avatar
    tgray30 Posts: 4, Reputation: 1
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    #6

    Apr 7, 2011, 03:40 PM
    I see what you are saying and I'm sorry. I don't believe I was intentionally misled- I just believe they were trying to keep down the drama- I did sign the affidavit but it was what I knew to be true. I wish I had just thought to say he moved out on 4/1 but the officer was sooo insistent on me being charged if I wasn't being truthful so I just let it all fly on what I knew.

    Everyone keeps saying that nothing will probably come of this, and my husband did call the deputy and explain, the other person hasn't called but because the deputy said he will be calling him,he did say that he would be explaining the same as well. We are waiting to see how that plays out. I will feel better once he reports to probate on 04/12 and says all is well
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Apr 7, 2011, 07:14 PM

    First police lie, they try to get you to write confessions, and you should have never went in to write any statement at all, at least without reviewing it with an attorney.

    Next even your landlord can not kick you out in 24 hours, they were lying and threatening you illegally also. So you over reacted then also, since there may be no legal reason a sex offender could not live there.

    Next please don't believe the other person on this, he already shows he will lie to the PO, police and more, he tells them he lives places he does not, just to get out of trouble his self, if lying about you, gets him out of trouble, he would give you up in a heart beat.

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