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I recently went to trial in the defence that I was innocent of knowingly driving on a suspended licence AUO 1st and DWAI the trial did not end up in my favor. at the conclusion of the trial the judge was less than amused with the fact I took my case to trial at all and stated "in large part! your sentencing will be based on the PSI report!" I did not realize that I knew the individual who was to commence the report it was only when I arrived that I realized I knew the probation office in question (for about 7 years) I obviously felt a little uncomfortable and was repeatedly reassured and asked "what the big deal was" repeatedly as well. to keep this short the report was complete material misrepresentation at its finest flat out lies was jailed in large part due to the report and a month later sworn affidavits were signed by her and I was violated. I involved my county clerk the violation was dropped. what can I do to fight back my life has been completely destroyed!

Submitted: 285 days and 10 hours ago.

Category: Criminal Law

Value: $15

Status: AWAITING CUSTOMER ACTION

Rochester, New York

Posted by PaulMJD 284 days and 14 hours ago.

Answer

At this point, you need to hire an attorney and appeal for post conviction relief. This is something that frequently happens to defendants when they try to represent themselves without an attorney. Judges are never amused by pro se defendants because judges see this as a waste of the court's time if the defendant does not follow rules of evidence or court rules or presents frivolous arguements without proper evidence or support for those arguments. As a criminal defendant, if you cannot afford an attorney, you are entitled to one free of charge, so exercise your right and pursue either your appeal (if you have not missed the appeal date which is 30 days from entry of judgment) or file a motion for post conviction relief.

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284 days and 11 hours ago.

Reply

Sorry Paul let me be totally clear with you so that you understand what im asking.1st I had a paid attorney this was a felony case I was not in any way taking litely 2nd I have filed for the right to appeal and am going through the motions for appeal as we speak. my problem is that up until I wrote numerious letters to my county executive as well as local new york senators I was in my oppinion being targeted and harrassed by a rogue probation officer opperating on a personal adjenda (the officer who conducted my PSI report) I did not have any idea she felt such distain toward me she acted happy to see me and that in turn made me feel like a little luck was going my way since I had just blown trial I then told her I was concerned because the judge had threatened jail time and his dicession was giong to be based in large part on the PSI report this was a huge mistake! She took full advantage of my precarious position!... this was a conflict of intrest! my attorney brought this to the judges attention and he stated he wasn't intrested in my excusses?! this was... and is wrong on so many levels!...after I was released from jail I was doing my best to put my life back together and then was notified I was being violated by the office of probation...The same officer who conducted the PSI report my old "friend"?! signed a sworn affidavid stating she observed my driving??! this woman is a complete menace! there are reasons as to why she would go to this level i mean not logical one's but in her twisted mind. I raised holey hell with every public official I could think of....only then was an investigation launched and since that point in time the violation has been rightfully dropped I am not putting up with this anymore!! I want to know what legal recourse I have against all parties involved this officer slandered me, there were examples of material misrepresetation in everyline of the PSI report , the judge was made aware of the conflict of intrest and exibeted ridiculously poor judgement treating me like I was scum of the earth going as far as to say and I quote " what do you do for a living again oh yeah a mortgage broker huh...not any more!" I have been trying to contact the confidential investigators to find out the out come of the investigation I have left 6 to 7 messages with no call back as of yet I believe all parties involved are attempting to sweep this under the rug...but I wont settle and I will never give up! WHAT CAN BE DONE? please help me...

Posted by PaulMJD 284 days and 11 hours ago.

Answer

Thank you for your understanding how this system works with back and forth dialogue.

So at this point you have done what you needed regarding filing complaints against the PO, you should have filed it with the State Probation and Parole Department as well, since they are the PO's supervisor.

At this point, your attorney could also seek to file for an order to have this PO removed from your case on the suspicion of bias, but if it fails it may only make things worse for you until your appeal is done.

I really think at this point you need to get your attorney more active on the appeal and to keep your rights protected. Anything you do should be run by your attorney handling the appeal, because you do not want to do anything that could hurt those chances. You are in a very precarious position here, so your attorney needs to be intimately involved.

284 days and 10 hours ago.

Reply

well I guess I should tell you the PO is not my PO. she happens to be A PO and the one that preformed my PSI report. Misconduct, Material misrepresentation, conflict of interest are all legitimate claims I have lost my job, my home and my reputation!...
I now see a therapist, I have nightmares about the complete destruction of my life as I know it! a corrupt few within the judicial system have taken it upon themselves to allow their personal feelings to hinder there judgment there is no place for that behavior when good peoples lives are at stake!...I want to know aside from the appeals process obvious misconduct took place as well as the above referenced.....I did not need to be jailed as well as 5 yrs of probation....the judge even stated "I was just trying to scare you but you have left me no choice" the material misrepresentation got me jailed! im 27 yrs old and the last time I had any kind of legal trouble I was 18yrs old twice in a lifetime is not a pattern I am seeking retribution through a lawsuit basis negligence, defamation of character...i don't know ? that's what im seeking your advise for...please let me know....even if you think it's something I dont want to hear....

Posted by PaulMJD 284 days and 9 hours ago.

Answer

If you can prove misconduct on her behalf, when this is over, then you would be able to sue her. Until the criminal appeals are done you need to really hold on and let your attorney deal with it. This was what I was trying to say. Anything you do now needs to be coordinated through your attorney because it could have an impact on your appeal.

I agree it appears she has been negligent and biased based upon your account, but if you move now and it hurts your appeal, then all is lost. Just keep your records of her conduct and wait for the appeal to end or let your attorney coordinate things.

284 days and 8 hours ago.

Reply

so last question here... would I be sueing the office of probation since she is employed by that county entity and she had some one sign off on her "work" ?? or if the appeal overturns the conviction the DA's office as well?? ya know because of all the back lash this has caused damage wise.?? please let me know thanks...

Accepted Answer

Yes, you would be suing her employer based upon her negligence or intentional malice towards you under the color of law, a civil rights case. The DA is immune from suit, as is the judge. Probation and parole is not immune from suit.

Accepts:
Expert:	PaulMJD
Pos. Feedback:	99.5 %
Answered:	2/11/2009

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Attorney with over 20 years law enforcement experience

284 days and 7 hours ago.

Reply

Thank you paul you have been most helpful.

Posted by PaulMJD 284 days and 7 hours ago.

Info Request

Thank you.

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Accepted Answer

Yes, you would be suing her employer based upon her negligence or intentional malice towards you under the color of law, a civil rights case. The DA is immune from suit, as is the judge. Probation and parole is not immune from suit.

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Thank you paul you have been most helpful.

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Thank you.

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