Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Is there any recourse against a probation officer for not fulfilling

a statute responsibility per CA...
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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 minute by:
8/2/2010
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified

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
Ask Your Own Criminal Law Question
Customer reply replied 7 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.

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?

Ask Your Own Criminal Law Question
Customer reply replied 7 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.

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

Ask Your Own Criminal Law Question
Customer reply replied 7 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

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.

 

 

Ask Your Own Criminal Law Question
Customer reply replied 7 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

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
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified
Samuel II and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
A women made a complaint against me to HR at my work and it
A women made a complaint against me to HR at my work and it was false. I was eventually terminated. Is there anything i can do? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a person made a complaint about harassing emails-then i
if a person made a complaint about harassing emails-then i just send her one more 8 months later, can I be prosecuted for it? the emails where never harrasing or threatening- nothing like that- just s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I have question pertaining filing a complaint with Crime
I have question pertaining filing a complaint with Crime Victim Rights Board -- My intial steps I made a complaint with Department of Justic Victim Resource Center against an officer who on two occasi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I made a verbal complaint to human resources at work,
If I made a verbal complaint to human resources at work, could they deny a situation ever happened if I didn't write it down, or do they usually write down everything people complain about?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
My question is wether or not we can pustule a complaint
My question is wether or not we can pustule a complaint against a police for writing a report against my son for possessing a non lawfully prescription medication when he did in fact have a prescripti… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If I ask for a copy of a written complaint, can that show
If I ask for a copy of a written complaint, can that show that I expected this situation to go to court, thus if I claim that I lost evidence, would it make that statement more true or more false?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
If I make a written complaint at work, am I allowed to get a
If I make a written complaint at work, am I allowed to get a copy of it or can they force me to get a subpoena while I currently work their?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Would I be correct to say that a complaint filed against a
Would I be correct to say that a complaint filed against a federal prosecutor in NJ State should be done at the Office of Attorney Ethics?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My ex-wife filed a number of false complaints and a friend
My ex-wife filed a number of false complaints and a friend of hers husband, who is a Williamson County Sheriff Detective, got an arrest and search warrant without any investigation. Basing everything on his belief of my ex-wife's statements, who previously I had to call the police because she was threatening to kill the dog, take all my cash, gold, firearms, and to file false police reports to arrest me. They showed up to arrest me in my front yard and refused to show me or tell me what was on the search warrant. When I refused them entry they threatened to kick the door open and leave my home unsecured. While I was being driven to jail they called the detective driving me and asked how to get into my safe. I asked if the safe was on the search warrant and they threatened to damage my safe. The charges were eventually dropped due to lack of probable cause and evidence. I feel my civil rights were violated when they refused to show the warrant and I believe the officers acted criminally by planting evidence and they "lost" two firearms they confiscated. What actions can I take against my ex-wife and the sheriff's department? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
I need help filing a complaint against a detective who was
Hi, I need help filing a complaint against a detective who was assigned to my daughters case. The case is now closed. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I live in Michigan. Can I file a criminal complaint for
I live in Michigan. Can I file a criminal complaint for usury? I was charged 60% interest on a 20k personal loan from a private individual. During a court hearing in which the plaintive was sueing me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
California. Plaintiff in cross complaint can be investigated
California. Plaintiff in cross complaint can be investigated for vandalism according to opinion by special prosecutions section. Plaintiff tampered with locks owned by defendant and details his tamper… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
After a defendants answer to a complaint which order should
after a defendants answer to a complaint which order should these federal motions be submitted , interrogatories, discovery, rule 16 , rule 33 ?… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I received a answer to the complaint for forfeiture. I'm
I received a answer to the complaint for forfeiture. I'm needing to know what I have to do to oppose this forfeiture. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
I must file an Amended Complaint against my former attorney
I must file an Amended Complaint against my former attorney for Legal Malpractice. In my original Complaint I requested a jury trial. I am pro se.Questions:In my new Amended Complaint, should I detail… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,265 satisfied customers
I filed an ethics complaint against a physician last
I filed an ethics complaint against a physician last December. The complaint got assigned an investigator. Only yesterday did the investigator call the lawyer representing the doctor (it takes a long … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Is a complaint for divorce legal if the marriage date is
is a complaint for divorce legal if the marriage date is incorrect … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
Is the filing of a criminal complaint defamation if the
Is the filing of a criminal complaint defamation if the prosecutor decides not to press charges against the person who was named in the criminal complaint? Also considering that the criminal complaint… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x