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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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While on federal probation as a sex offender (looking at free

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While on federal probation as a sex offender (looking at free porn in Internet), not supposed to go to chat rooms, or have porn in my home, no problem. I got engadged, was talking to my fiancee in e-mail about birthcontrol and sex in general to see if we were compatible (she lives out of U.S.). My father and minister told me to talk about compatibility before marrying anyone. I was just getting off of three years of probation and my pobation officer asked to check my home computer to see if there was any porn on it-fine, I had none. In good faith, gave him password XXXXX he checked my pictures, all fine. Then he switched to my e-mail, started reading my private e-mails to finacee. I said I didn't give permission to do that LOUDLY, kicked me out of his office then he copyied them (used in court, revocated, no other charge)! In court he said I gave him permission, he committed perjury! I told my attorney but he wouldn't bring it up. I went to prison 10ms, just got out-2255? Federal cases to help me?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
It hardly seems fair that you would be violated based solely on email conversations with your fiancee and the fact that your attorney would not challenge the PO's testimony that you gave consent to reading the emails is bothersome.

However, since you are now out of prison, a 28 U.S.C. section 2255 motion is no longer appropriate. A section 2255 motion is designed to have a prisoner released from unlawful confinement. And I do not see any practical use to otherwise accusing your PO of commiting perjury. If your maximum period of confinement/parole has expired, you really have nothing to gain. If not, you still have something to lose.

You could talk to the prosecutor (he won't care about his stats, as nothing that happens to the PO will impact those), but he won't do anything about it unless there is solid proof and "he said, he said" isn't going to cut it.

I understand your frustration ... the lack of logic in the situation is rather startling, but your best plan now would be to get past this and get on with your life as best you can under the circumstances.
Customer: replied 6 years ago.
It is hard to just let it go since I now have to pay for 26 more months of therapy and polygraghs, and cannot travel in ND to get my tools for a better job, or atleast sell them off ($100,000 worth). When I told him he could not look at my e-mails, he looked right at me and then did it anyway, like he was going to get ahold of them (possession is 9/10ths), and once he had them he won in court. He committed a crime several times in court and how do I respect him and let him run my life when he broke the law on purpose and did I not?! I didn't even get a new PO, I'm stuck with him. He said, "You don't get to choose your probation officer!" and snickered at me. He knows what he did....
Expert:  Jim Reilly replied 6 years ago.
Gumball (great screen name, sounds like something a military pilot would use) --

I sympathize with your distress, but there really is no good way to deal with this from a legal perspective. You could follow administrative procedures and request the assignment of a new PO, but in light of the results of your violation hearing, that is not likely to be granted. Your attorney should have defended this aggressively at your revocation hearing.

It is, of course, too late to appeal from the finding of the court in that hearing. The only available court proceeding would be the filing of a petition for writ of habeas corpus on the ground that you are being "detained" on probationary terms that are unlawful, that were imposed as the result of unlawful actions on the part of authorities (i.e., the illegal search by your PO) or that resulted from ineffective assistance of counsel in your revocation hearing.

Habeas writs are among a group of writs which are referred to as "extraordinary writs" because they are outside of the ordinary process of the law (though the name could just as easily be based on the fact that they are extraordinarily difficult to win). If you want to file and pursue such a writ, you are certainly going to need an experienced appellate attorney. Since you obviously cannot afford to hire one, you can try contacting the Florida Bar Association's Legal Aid service. Information about the program is available at:

http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/a949d517a480a5a685256b2f006c5c77?OpenDocument

At the bottom of that introductory page is a link to a list of Florida legal aid offices, which I will also put here for you:

http://www.floridalawhelp.org/FL/StateDirectory.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/directory/11/searchletters/bysa

I wish I could be more optimistic, particularly since it sounds like your PO is a classic jerk. But, you will at least have to respect his authority, even if you don't respect the man. Otherwise, the balance of your time on parole is going to be exceedingly difficult.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Jim Reilly
Jim Reilly
Private Practice Attorney
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CA Atty since 1976, primarily criminal law. 150+ jury trials.