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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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This is a question California criminal atty, or

Customer Question

This is a question for a California criminal atty, or California Parole Officer; Take as a given that there is a Parole Officer who dislikes a parolee, and has acted dishonestly, so far with impunity, claiming parole violations are being committed by the parolee. Ex; ignoring proof of checking in, such as sign in sheets: giving instructions which later he claims he never gave: separating parolee from urine sample, after both he and parolee have agreed verbally the urine didn't activate any drug strips and is clean- but asks parolee to wait elsewhere before both sign the "clean urine" document, then later claiming it turned dirty, refusing to let parolee see it, forcing parolee to sign "dirty urine" papers, (never having done this before- parolee and Agent had always stayed together with urine, until form was signed; Please take all the above as a given, and each and every of the above examples led to a violation which resulted in arrest, and jail time up to two months. (Absconding was almost always the reason stated- the agent was claiming the parolee did not come to office, and sign in, despite records. Keep in mind parolee has no access to these daily sign in forms.) The agent is a bad apple; the agents supervisor won't hear a word against the agent. The parolee now has been given instructions by a lawyer how to overcome most of these instances of the agent lying. Except; how can the parolee make certain he is not ordered away from the urine analysis before the "clean urine" is signed? The Agent can arrest the parolee for disobeying him; how can the parolee make certain no lies are perpetrated by the Agent, once the parolee is taken from lobby into the back office. (Parolee is bringing witness, but Agent can (probably) deny the witness (parolees parent) access to witness any conversation, and do so without infringing on parolee's rights. Parolee is going to ask if he can record the interview and instructions of Parole Agent, but the agent will probably deny permission to this. Parolee is going to write down any and all instructions given by parole agent, then ask agent to sign and date the 4 (or however many) numbered instructions, stating they are complete and accurate instructions. But parole agent may refuse this as well. If parolee is taken without witness for his interview, what are his legal options concerning the above requests of the parole agent, I.e., recording conversation, asking not to be separated from urine analysis until form is signed, getting list of instructions signed by Agent? What if agent refuses to do any of these things? What if agent threatens arrest if parolee disobeys order to go into another room before urine test papers are signed? Recording without agent's knowledge is illegal, right? What can parolee do to get proof of instructions given to him,or that proper procedure is followed for urine test? Parolee can't insist his parent be allowed to witness interview, can he? I'm drawing a blank concerning how to prove and note what goes on once the parolee is taken away from the witness he brought, in order to have proof of the check in, (I know the actions which must be taken to be able to proof the check in occurred) but am at a loss how to keep the agent honest, once parolee is taken into the office alone. The agent can arrest him for disobeying any of his instructions; what if instructions are given right there in the office, in order to set the parolee up again by making it appear rule or instruction A, B, C, was disobeyed or not fully carried out. What if parolee is ordered to leave the room before both agree about urine test and sign the associated paperwork? What rights does parolee have to safeguard and document this interaction, if the agent refuses to be recorded, witnessed, or to sign a list of instructions given to parolee? We must be sure it won't later come down to a he said, he said. The parolee always loses THAT battle, which means jail. Any thoughts, or do you know of any parolee rights which the parolee can invoke?

Submitted: 2 years ago.
Category: Criminal Law