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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21733
Experience:  Handle criminal matters in both state and federal courts.
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Is there any recourse against a probation officer for not fulfilling

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Is there any recourse against a probation officer for not fulfilling a statute responsibility per CA Penal Code 290.85 (c)? My p.o. violated my probation for bringing copy of annual renewal of registration to him on the 6th business day; however, he's never in the 3 years informed me "...no fewer than six days prior to the date on which proof of any change is required to be provided to the probation officer..." CA PC 290.85 (c)__Gregg
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

Hi

 

Thank you for the information. So you have been violated and you have a hearing pending? Did you provide the information as required?



Edited by Samuel-II on 8/2/2010 at 4:32 PM EST
Customer: replied 4 years ago.
I provided last Monday in regular scheduled meeting - which was 6 business days from exact day of renewal update on 7/16. My birthday was July 17th.

No, I am not pending a hearing because i was so afraid of the threats and the intense fervor from p.o. about sending me to prison since i had been formally violated once already (did 90 days in county), that i signed a 'waiver of rights' so he can write up the 2nd violation and then do 5 days of CalTrans road work. I felt under duress and coerced throughout this meeting and tried to contact an attorney to no avail and was told it 'was a take it now or leave it offer' by my p.o.

Even after i told him i didn't consult with anyone - when accepting the 'deal' and initializing and signing my waiver of rights, he told me to put my attorney's name in a space which i did as told. But i never talked w/ an attorney and felt so lost in my fears and going to prison threats that i signed my name unlike my usual signature as a sign of duress and coerscion.
Expert:  Samuel II replied 4 years ago.

Hi

 

Thank you for that information. So, what is it you want to do exactly? It appears you have already come out on top in this matter. No violation is pending. So what is the issue?

Customer: replied 4 years ago.
I have been informally violated which is still a violation of probation right? Now, if one little clerical error, etc. or at his discretion of my conditions of probation - he finds or 'creates' a 3rd violaton i understand Orange county does a 'revoke and impose' upon 3rd violation.

My question is how is it that i am being held up to this high strict / rigid performance and yet the statute indicates the p.o. is to 'remind' or 'help' me remember my responsibility in making sure to renew my annual update as well as getting him a copy??

I was ready to travel home for a week's vacation / family reunion in MN but that's not happening; and i'm having to do 5 days of CalTrans for being one day late - yet, he's not helping me or actually complying with the penal code either. I just want out of here...because i am deathly afraid of O.C. probation due to their expressed motiv ation in word and action (especially in my last 9 months of supervision) to have all their probationers violated and locked up - they'll sleep better.

This is from a pre-qualifying case in MN from 1985 w/ an adult female after bar / party w/ lots of drugs and alcohol - and no further instances of like behavior; yet i am now 9 years sober heavily involved in my recovery.
Expert:  Samuel II replied 4 years ago.

Hi

 

Well, I don't know what the statute says, you can provide that section for me. Because as far as I know and with my experience, the agents are not "baby sitters" and It is always up to the offender to know their responsibilities.

 

I don't think you have any basis or merit for any type of action against your agent. Sorry

Customer: replied 4 years ago.
i'm not saying i need a baby sitter, nor do i expect anyone to take responsibility for the lack of awareness of the law and it's application as well as its intent. following is CA PC 290.85:

a) Every person released on probation or parole who is
required to register as a sex offender, pursuant to Section 290,
shall provide proof of registration to his or her probation officer
or parole agent within six working days of release on probation or
parole. The six-day period for providing proof of registration may be
extended only upon determination by the probation officer or parole
agent that unusual circumstances exist relating to the availability
of local law enforcement registration capabilities that preclude the
person's ability to meet the deadline.
(b) Every person released on probation or parole who is required
to register as a sex offender pursuant to Section 290 shall provide
proof of any change or update to his or her registration information
to his or her probation officer or parole agent within five working
days for so long as he or she is required to be under the supervision
of a probation officer or parole agent.
(c) A probation officer or parole agent who supervises an
individual who is required to register as a sex offender pursuant to
Section 290 shall inform that individual of his or her duties under
this section not fewer than six days prior to the date on which proof
of registration or proof of any change or update to registration
information is to be provided to the probation officer or parole
agent.
(d) For purposes of this section, "proof of registration" means a
photocopy of the actual registration form. A law enforcement agency
that registers an individual as a sex offender pursuant to Section
290 who is released on probation or parole and is therefore subject
to this section shall provide that individual with proof of his or
her registration free of charge when requested by the registrant to
fulfill the requirements of this section or any other provision of
law.

Section: Previous 290.45 290.46 290.47 290.5 290.6 290.7 290.8 290.85 290.9 290.95 291 291.1 291.5 292 293 Next
Expert:  Samuel II replied 4 years ago.

Hi

 

Thank you for the information. I have never seen this

 

(c) A probation officer or parole agent who supervises an
individual who is required to register as a sex offender pursuant to
Section 290 shall inform that individual of his or her duties under
this section not fewer than six days prior to the date on which proof
of registration or proof of any change or update to registration
information is to be provided to the probation officer or parole
agent.

 

and it is very interesting. Well, since you were not reminded as required by law, then you should go to his supervisor and tell that you feel you should not be violated and that the 5 days should be rescinded. However, if you do that, you may not get to travel because the PO needs to give that permission. And, I am not sure that would happen if you complain this time. They do hold all the power. So you need to weigh that.

 

 

Customer: replied 4 years ago.
Okay, thanks Samuel. I believe there should be a 'class -action' awareness suit or complaint filed against the department so they start to adhere to the statute subsection as well and stop wasting tax payers money on incarceration of probationers who are trying to do the right things and aren't perfect. BTW, he already cancelled my trip home which was supposed to be this thursday for a week - and part of this i believe has to do with them reading on a notepad of mine in a home-search 2 wednesdays ago that i am looking to file a motion in MN to reduce my formal probation to informal status - so once OC probation expires next April 16th, i wouldn't have any supervision.

it's real simple if they have any sense of managing the supervision of a 'resocialization' process for a person - set up an Outlook, etc. reminder of subject's birthday 10 days out and have them sign a short form re: they've been advised of the rules, timetables, and so on.

Ultimately, this 209.85 (c) was put in their for a reason but no one follows it. I've been on probation here since 2004 when i transferred a '97 drug arrest in MN and subsequent '03 plea/conviction and got long probation term of 20 yrs for which i am grateful. I was put into the sex offender probation division due to 1985 conviction in MN where i was never required to register. I completely forgot to renew my registration in CA my first year and was prosecuted for Failure to Register - a felony in my case...now i am having to register for life in CA and sure wish someone in the system would have told me prior to moving to CA that would be the situation. I didn't even know to ask or think about potential severe conditions imposed by the O.C. and CA. And since then I still don't know who or how to find out stuff about my rights and struggle to regain some sense of normalcy and freedom.

anyway, sorry to drone on about this and i do thank you for the help. there's no way i'm going to show them that i'm trying to exert any influence or 'power' over my situation since that would only serve to piss them off and of course view my motives and manipulative and shifting the responsibility for my behavior...they have threatened me time and time again, so i won't give them a reason to 'build a case' about my so-called lack of compliance, poor attitude, and / or blaming others. Peace, Gregg
Expert:  Samuel II replied 4 years ago.

Hi

 

Well, that's the thing. If they are not adhering to the provision then you would need to have other probationers who have been violated due to them not "reminding" them. And you would need an attorney who would be willing to do all that work for you.

 

Perhaps, you could discuss it with the ACLU and see if they feel there is enough there for them to exert energy towards it. I fully understand your concerns and frustration. But it takes a lot to fight the establishment and you don't want to risk provoking them on your situation.

 

So, when you probation is over consider contacting the ACLU in your area and see what they have to offer. I wish I had more.

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21733
Experience: Handle criminal matters in both state and federal courts.
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