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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16495
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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As originally discussed with Fran i am on home confinement

Customer Question

As originally discussed with Fran i am on home confinement with a ankle bracelet monitoring. Is it possible to relocate to another state during this period? or will i have to wait to be taken off before i can move?
Being a new releasee i made a terrible decision to allow initial contact fellow inmates. However, i did explain i would not be able to continue a relationship for i do not want to jepordize my probation. I have accepted responsibility and understand how wrong i was. My PO has aggressively criticized my deceitfulness. I have delievered to him the emails where it states clearly i wanted no problems and we could not keep in touch. Not to right what i have done. As i have taken full responsibility and apologized. ALL ties have been severed at this point.
My PO insists that ALL white collar crime people are sociopaths giving Ted Bundy as an example and we continuously lie, lie, lie!!!!! He yells and hangs up the telephone on me.
Is there a line where a certain amount of respect is drawn. Or is this type of behavior expected from PO's. I have never been in trouble ever before. I am 55 years old. I am under alot of emotional and mental duress due to losing my Dad 12 days before arriving home and trying to handle his business as well. Living in the house my Dad and i were suppose to live in together! Prior to incarceration i became a widow suddenly losing my husband in 6 weeks to cancer. Life now is so different and i am trying to adjust to it.
Yes, i made so friends in prison that were decent people. We played major parts of each others lives during my 38 months away. Encouraging and keeping our minds together. Three of them stayed in contact with me because they got out up to 18 months earlier than i. With no trouble or complications. ALthough i realize that is them. My situation is not as fortunate. There friendshi is certainly not worht my freedom!!!! i have a good support team home and i am blessed for it.
Any suggestions on how this PO is belittling me and beating my head into the wall by the way he approaches the situation. As for rehabilitation he method is clearly beating down an individual versus rather than helping build them up back into society. I served 38 months as a self surrender in a camp with no problems and a good history. Even my pre trial and i had no problems.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Jacustomer,

POs may be opinionated, particularly about the population that they deal with, but they are no psychologists. They don't, as a general rule, make it easy for probationers. The real world is filled with people and situations that are tough to deal with and a PO's job is to make sure that when stresses and disppointments come your way, a probationer does not go back to old bad habits. Probation is highly intrusive, and probation officers -- at least until they grow to trust you -- are very critical and can seem impossible to please.

The most reliable way to get a transfer to another state is to ask for a mandatory transfer through the Interstate Compact Agreement. However you have to be in compliance with all of the requirements of your probation before you can ask your PO to fill out the paperwork for a mandatory transfer. So it would not appear that you would be eligible at this time. Apart from that, however, you would need to have a valid plan for supervision: family in the other state, a place to stay, and a job which would provide you with a lawful means of support. You can look at the requirements, which start on page 23 of the link I gave you. If you've got all of that going for you your PO must submit the paperwork, but not until then.

Meanwhile,don't let her push your buttons. Tune that out and just do what you're supposed to do.
Customer: replied 3 years ago.

my original plans from prison was to come home and consolidate to relocate to Ga. this has been documented on my progress reports.

my children live in Ga. they have a company business there. this will be no problem. i am disabled and awailting the reinstatement of ssi.

again, i want to address any unforeseen problems addressing this move. i will most certainly abide by the rules but feel it so unappropiate to be belittled referenced as a sociopath! "Ted Bundy". although i am a felony, no one is perfect in this world. some get caught others never due. i understand i have a PO who is quite untolerable but the manner in which he handles things is the problem. i assume by your answer to suck it up and accept any and all he throws at me due to my misjudgement? again, i certainly don't want to jeopardize not being able to transfer.

Expert:  Zoey_ JD replied 3 years ago.
Hi,

Yeah, unfortunately, I am saying "suck it up." You've been convicted and sentenced and by definition that means your rights are no longer what they used to be, when being at liberty meant that you could do, more or less as you please.

I understand that working under someone -- probation or anywhere else -- where there's a big personality clash is pleasant. I've been there and know it's awful. But the sad reality is that sometimes we all have to deal with jerks. If you are out of compliance with probation you will not be able to get transferred.

You might want to talk to your PO's supervisor to say that you think there's a personality clash and ask if you can get reassigned. That will, of course get back to your PO, and while he can't violate you for it, it may not make things better.

Just try to roll with the punches, as in my experience, those clients that can have an easier time than those who can't, don't, or won't.
Customer: replied 3 years ago.

what are you saying, going through this situation "i have NO rights?"

 

Expert:  Zoey_ JD replied 3 years ago.
Jacustomer,

I did not say that you didn't have rights. I have said that you are convicted and sentenced for a criminal offense. Probation, essentially, is a suspended jail sentence and you have contracted legally to comply with the restrictions it imposes. Therefore, your rights are more limited than someone who is not on probation.

You always have the right to take what bothers you before the sentencing judge and get a hearing to modify the terms of your probation.
Customer: replied 3 years ago.

clearly i am understanding that i can go forth to the sentencing judge. however, my question is PO's are justified and can talk and treat people in any manner they deem appropiate?

Expert:  Zoey_ JD replied 3 years ago.
Jacustomer,

I have said this more than once already. Your PO is certainly entitled to express his opinion even if it disagrees with yours, but if you feel it has gone beyond that and that you are being singled out inappropriately by your probation officer for unfair treatment and that he is not impartial enough to supervise you appropriately, you can report him to his supervisor so they can sanction him. In the same vein, you can file a complaint with your state Attorney General's Office and report him for harassment, which can lead to his conduct being investigated.

Additionally, you can contact your lawyer and see i f he, in turn, can contact someone within Probation's Legal office and convince them to change your probation officer. You can go before the judge and see if a judge will order the change as well.

Customer: replied 3 years ago.

please understand i am NOT disagreeing with his enforcement of the rules. However, i do have a problem with him yelling at me and hanging up the phone abruptly on me mid sentence! As well as calling me a sociopath. This is the behavior i am questioning and concerned with. Maybe i am not being singled out and this is his way of dealing with people. Whatever the case i think it is very unappropiate. That is what i am asking you about. The acceptable behavior of a PO. What are the limitations? I have no lawyer and could i be target because of this? Would it be in my best interest to get a lawyer if his behavior continues?

Although i have severed ALL contact with those still incarcerated and the ones who have been home. Other associates that i acquired in prison and who chose to keep in touch with me while i was stayed incarcerated upto 18 months NEVER had any problems like this. Could i be singled out due to my case?

 

Expert:  Zoey_ JD replied 3 years ago.
Hi,

I understand you're not disagreeing with the rules. I simply don't know what to tell you that I haven't already said. Your probation officer sounds like a jerk with a short fuse. There are people on this earth like that. Is that illegal? No. Is that behavior that's recommended in the employee handbook? I have never seen it but I would strongly doubt it.

Do you have to put up with it? You shouldn't but the realities are that you may have to if he gets along with his supervisor better than he does with you. Complain about it if it bothers you that much and you'll see. If you get nowhere, then the answer is going to be yes because you are on probation. Is he just doing this because you don't have a lawyer? No. He probably he doesn't know whether you have a lawyer or not. Most lawyers have nothing whatsoever to do with a client's PO because the case is over once the client is sentenced and before he even starts probation. Will a lawyer do you some good here? Well, he could take the matter up with the judge or with someone higher up in probation and that may help.

Best I'm going to be able to do on this question.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16495
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you and i understand we are in fact on the same track. i am in agreement now knowing this can in fact become a snowflake into a snowstorm and God knows i want nor need any additional problems. i will suck it up and humble myself praying for him daily. I guess the theory goes with "do not allow other people's problems to become yours"
Expert:  Zoey_ JD replied 3 years ago.
Hi,

We've always been on the same page. I apologize if I hadn't made it clear. I never meant to imply that he was right and you were wrong. Many parole and probation officers are very opinionated and difficult to deal with. I hear that time and time again from clients and customers. They wield a great deal of power, and having that kind of control over people's lives can go to your head.

You said it better than I did -- don't let his problems become yours.

Thanks for the accept, and I wish you the best with this.

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