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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15973
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am currently on restrictive probation and am not allowed

Resolved Question:

I am currently on restrictive probation and am not allowed internet access. Before I was arrested in July of 2011 I was on a pornographic site but haven't been on it since then. I need to prove to my probation team that I haven't accessed the site. I spoke to someone at the website and they told me they don't keep records of user's use of their site and can't help me. Do you know of a way I can get a report of the last time I was on their website?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Can you please clarify for me why you have to prove to your probation team that you have not been on that site or why they would require you to do this? I understand not being allowed on the internet but they are they making you prove that you have not been on it instead of them violating you and showing you were on it?
Customer: replied 1 year ago.

I had to get a new phone and although I did not have the internet service activated the phone will use wi-fi and my probation team is accusing me of using the phone to access sites I am not supposed to. Also, I have to provide bank statements and there are recurring charges on my statements from this website. I have consistently tried to get the charges stopped however they continue. I have been on the phone for a an hour and a half, getting the run around trying to have the charges stopped.

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. Why would they even make this accusation? Did they see your bank statement, which lead them to believe you were on the site?
Customer: replied 1 year ago.


They made the accusation just based on the fact that my phone has wi-fi capabilities. They haven't seen the bank statement yet but I do have to provide it.


 

Expert:  LegalKnowledge replied 1 year ago.
The accusation alone is really not enough and for you to be violated, they have to have evidence to support the violation of probation. The only way to obtain this information would be to obtain a court order / subpoena from the court, requiring the cell phone carrier to release this information, showing what websites were accessed through your phone. You can call your cell phone provider and try to obtain them, but it is not likely they will release such detailed records, without order from the court. At the same time, probation would need to obtain these or catch you using the phone, to access the site. The issue with the bank statement and the continuous charge is another separate issue, since and there would be a presumption if you were getting billed monthly, that you may be using the site, as it should have been canceled, once you were restricted from inter access.

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Customer: replied 1 year ago.

I need to get some kind of proof from the website that I haven't accessed it in any way. For instance, my probation team can say that I used someone else's computer because the charges are on my bank statement. Do you have any suggestions or would that require a court order also to obtain usage from the website? Is a court order something I can do on my own or do I need to use an attorney?

Expert:  LegalKnowledge replied 1 year ago.
The only way to obtain the records from the actual website or through your cell phone provider would be though court order. For that to happen, there would need to be a matter before the court, which would be a violation of probation case, based upon the allegation of the probation department. At that time, you likely would be appointed counsel, if you are unable to afford your own attorney and this issue can be argued before the Judge. Like I said above, the mere allegation alone, is not enough. They would need to catch you on the internet and this site. If you can resolve the bill issue and get a credit, it would tend to show you never used or accessed the site and they just kept billing you after you tried to cancel it.
Customer: replied 1 year ago.


Thank you.

Expert:  LegalKnowledge replied 1 year ago.
You are welcome. Please let me know if there is anything else. If not, please remember to rate my help with 3,4 or 5 faces so I can get credit for my answer. . Thank you.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15973
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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