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JD, Lawyer
Category: Legal
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Experience:  Over 11 years in practice as a litigator ... civil and criminal
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My brother in law is 16 about to be seventeen and has to go

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My brother in law is 16 about to be seventeen and has to go to a psycholigist because he is on probation. He just took a polygraph test and passed it...his psycologist lied about something to p.o. and now his P.O. is telling him he may have to stay on probation longer and can not come over to our house anymore...what can we do to help him?
Why is he on probation? What reason does the probation officer have to ban him from your home?
Customer: replied 6 years ago.
He was in because he agreed to take a plea bargain and went in for sexual contact with a minor...he got banned from our home because we a have a two year old that sat in his lap

I was afraid of that. His options at this point are limited.


As you can imagine, sexual offenders are monitored closely and strictly. There are all sorts of prohibitions and restrictions (even with juveniles) on their activities and associations. I am sure you would agree there are good reasons for this... but it can go too far. While these standards are designed to protect children from future abuse, probation officers can and do go overboard in their interpretation and enforcement.


Here are the steps he can take:


1) Speak with his probation officer and have you and your husband speak to him/her as well. You can assure the po that he will not be left alone with the child and will be under constant supervision. Further you can reassure the probation officer that you understand the severity of what he has done and how careful everyone must be around him. This may give the probation officer some confidence that everyone is taking this matter seriously and will take steps to protect those who cannot protect themselves (small children).


2) If you cannot get anywhere with the probation officer then you can always petition the judge to modify the conditions of probation. His attorney can tell you whether or not this would be a worthwhile pursuit as he/she will know the judge's tendencies in matters like this. I can tell you that the judge will not likely change the conditions or restrictions if the probation officer is strongly opposed to it.


It may be that the probation officer will want him to abide by the current conditions for a while before gradually permitting him more access to your home. If this is the case then it may be the best solution, however you should discuss the matter with his local attorney to confirm your best solution.


Please reply if I can help further.





Customer: replied 6 years ago.
The problem is not only with that but also with the psycologist she lied about what was said to her and me and my wife were in the room what can be done about her?
Do you know what the psychologist said to the probation officer or are you basing this only on what the probation officer said? Was it in writing?
Customer: replied 6 years ago.
No it was not in writing but yes this is what the psycologist said

In that case I would simply go though the steps I've highlighted above and if it comes to petitioning the court you should have the psychologist subpoenaed. I do not know the nature of the statement made, but if it involved her opinion then there would be little you could do. If her misstatement was factual in nature and deliberate then a civil lawsuit could exist for professional misconduct and defamation.


The best way to sort it out if the probation officer is unwilling to budge is to have him petition the court to modify or relieve him of this restriction and subpoena the psychologist to clear up his/her false statement. Obviously you would have to testify as well... and obviously he needs to use his attorney to accomplish this.


Please reply if I can help further.



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