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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I talked to you early this am about my 26 year old daughter.

Customer Question

HiI talked to you early this am about my 26 year old daughter. She went to her 9:00 am appointment. The P.O. was not in and my daughter was told she would not be back until Jan 4 2016.
This is the 4rd time this P.O has stood my daughter up on her meeting without notifying my daughter. I did make mention to the judge in a email that the GPS . Has been a problem and that my daughters PO IS OUT FOR THE WHOLE MONTH with no back up P.OHis response was to contact the P.O or have a attorney request a motion. I called the command center. She was to get back to me if there was changes made but she never did.
What is in my daughters best interest here. And what motion. The lady at the control center said no we cannot get a copy of the logs but I assume a attorney can subpoena a copy
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Read from bottom up. I removed judges name and other names for privacy . Below
***s Father
Please make any further requests with regard to your adult daughter's probation either directly to her probation officer or alternatively have an attorney file a motion with the court. I have tried to be understanding in addressing your requests particularly with regard to family illness and death however I will not continue to micro manage your daughter's probation. That is the responsibility of her probation officer and the probation department.
Judge Ja
District Court of Iowa
From:
To: "@**********.***" ,
Date: 12/17/2015 03:28 PM
Subject: ***. ****
Good afternoon
Your honor . I was wondering if I could take
*** Job hunting. I believe I can get her a job at a friends large Machine Shop in
Small town iowa. Xxx MFG. They do a lot of work for ******** ****** + other industries. I would be willing to take her and pick her up. And after she gets settled in she has a work permit. Things have slowed down on the farm. ****** has been gone the month of December and *** went to her Meeting today with ****** and was told .****** is on leave until Jan 4th. She hasn't been assigned a backup P.O. So that is why I am asking you. The GPS is still creating some problems. Sunday night we left to go to the NA meeting like we have been and her alarm went off. And she got a call from Dsm. She never cancelled going to the Sunday night meetings, nor was anyone notified here that it had been changed. The day of the funeral and visitation as I told you earlier it went off all night. *** did have it on the charger. But with the vibrator and lights going off the charge didn't last through the service. Kim from the control center in Des Moines that morning told us there is no reason it should be going off. And maybe the GPS WAS bad. But when we got home she charged it again and the zone alarms and buzzer had stopped. I feel for her physical and mental well being a full time job away from the food industry would be good for her. And Geater mfg is a good company. With room for advancement and a small town atmosphere.
Deborah the owners wife , knows *** personally, so they are aware of her past. And would be willing to help with her future. She has a work permit and vehicle, but is not allowed to stop anyplace. So after the first week of me commuting her. I would be taking her car in for gas .
Brad and Karen from the children's petting zoo were very impressed with *** work ethics. I believe Karen was or is a dispatcher. I know you could verify a reference from them when she assisted them in August and Sept.
If my contacting you is bothersome and you would be more comfortable if we used an attorney. Let us know.
Oh also may I ask if daughter is under house arrest. Her attorney and Des Moines told us no.
Her local GPS said yes. It isn't clear in the order if she is or not. I am very aware you do not want her going into any business on her own. And I do understand why. And she wouldn't be allowed to unless she was with my wife and I together or either of us separately. We do not want to have to go through this again either.
Thank you for your time
Any question you may email, or call or I can come personally visit. With or without ***
Expert:  Zoey_ JD replied 1 year ago.

Hi,

When we spoke this morning you were concerned your daughter was going to be violated. It's clear that she's not facing an imminent violation at this time. To that extent, if nothing else, your daughter's appointment brought good news.

I won't make excuses for your daughter's PO. Probation is very powerful and as a result many probation officers are on power trips too. They don't think to do things like notify a probationer that they won't be keeping an appointment. It's not right. But there's nothing much your daughter can do about that except to complain to her PO's supervisor, which might only cause friction between your daughter and her PO.

I told you earlier that a parent couldn't advocate for his or her child, adult or otherwise. This judge appears to have already been more generous with you than he or she had to be and has officially put the brakes on. You need to get a lawyer involved to file a motion to modify the terms of her probation so that she can get the GPS requirement lifted. Yes, that lawyer would be able to subpoena the logs.

Customer: replied 1 year ago.
thats why i included his response. And I do not know law and the last thing I wish to do is upset the judge. That is why I asked him if , He would prefer I have legal counsel talk to him. And he said as yes you did tell me what he told me. Would you have a lawyer ask to get this gps removed or let it go she has 6 weeks left. my only concern is if he wants to push the drinking thing. its a 50/50. as long as he dont violate her, she will be off the bracelet feb 4
Customer: replied 1 year ago.
but two weeks ago the po said she was going to send the alcohol violation to the judge and pull her back into the halfway house
Customer: replied 1 year ago.
i was feeling the judge out if she really did report. he left us hanging. till jan 4 but at that time she only has 30 days left
Expert:  Zoey_ JD replied 1 year ago.

The judge doesn't have to give you any information as to that. In fact, he's not allowed to discuss that with you. That would be an ex-parte conversation as to the case, and it would be improper.

As for the PO, he can lodge the violation at any time before probation expires.

Customer: replied 1 year ago.
From what i told you , As I asked what would you reccommend. Ride it out or get a attorney. And what motion , or would it rock the boat more. and would the gps logs be of value as to who is changing them on my daughter all the time. and how long does this take to get the logs. It sucks, its better than jail yes but she is confined to doing nothing. But she did the crime.
And yes I am aware she is a adult and on her own, But she did give me the POA when she was in jail, if needed does that give me any rights. i want what is in my daughters best interest and at this point they are just leaving her hanging, but maybe that is her punishment,
Expert:  Zoey_ JD replied 1 year ago.

No, you have no rights to advocate in court for your daughter. If your daughter can't stand up for her own rights, she needs to hire a lawyer. In fact, even if she CAN stand up for her own rights, she needs a lawyer when she wants to file a motion and have a chance of getting it granted. There's a reason that the framers of our Constitution provided for right to an attorney for anyone charged with a crime and subject to the possible loss of her liberty.

Yes. Get her a lawyer. I don't know how long it will take to get the logs. It will depend upon if the people who control them seek to challenge the subpoena.

It's just after midnight here, and I'm turning in for now. If you have another follow up I'll get to it in the morning.

Customer: replied 1 year ago.
ok when you get this in the am What motion is SHE asking for, And also with the gps she cannot go to the lawyer herself. So I have to do the legwork and yes she is scared. If they were going to give her 30 days my daughter wishes they would have done it the end of november and she would almost be finished now instead of dragging it out. its very congested,
thankyou and Good night.
Expert:  Zoey_ JD replied 1 year ago.

You can screen and retain a lawyer for her. People do that all the time for their loved ones when they are not themselves able to get to a law office.

I understand that drawing out the violation is making your daughter anxious and if she's going to be violated, she'd rather have it done sooner than later and face the possibility of (yes it can happen) an extension of her probation. But like just about everything else when a person is on probation, the matter is out of her hands.

Get her the lawyer. From what you've told me, a motion to modify the terms of probation is what would get filed. Once the lawyer hears the whole story and talks to your daughter as well -- he can do that by phone -- he may have other ideas as well.

I wish you and your daughter good luck and best holiday wishes.

Customer: replied 1 year ago.
i hear you and follow you, but without the po, how do we not know the po wasnt making a threat and didnt even report this to the judge., no one has seen the etg results, she could be trying to scare my daughter , and if we tell the judge there is a drinking violation, i think he will violate her, she was given a break on a probation violation in august to come stay with us
Expert:  Zoey_ JD replied 1 year ago.

I never suggested that you tell the judge that your daughter has a drinking violation. Probation will or won't do that, and I cannot pretend to read their minds.

What I was discussing here was how to obtain a modification of your daughter's probation requirements. And I was specifically talking about your retaining a lawyer to do that. He or she will know how to frame an argument without incriminating your daughter. If he can't do that, he will tell you that he doesn't think a motion is a good idea with so little time to go in her sentence.

Enjoy the weekend.

Customer: replied 1 year ago.
Ok
Thanks
We both know sometimes it is easy to misinterpret each other without writing a book
My last thing here and it goes back to the PO and the local GPS lady
The lady from the control center was to get back to me yesterday. She didn't and she is a PROFESSIONAL. So I knew she got busy
So this am I called her and asked if she had a moment. She says there was no reason her parameters for my daughters NA meetings were turned off, and also her work parameters were turned off
This lady opened both back up.
As I have stated there is something wrong inside this.
I strongly believe the PO the local GPS woman and the prosecuting attorney were working together to set my daughter up to fail. The prosecuting attorney wanted to send my daughter to prison. And the judge didn't send her to prison, my daughters attorney told me the prosecutor was mad my daughters PO said she has taken a lot of flack because **** didn't go
And when we were setting the GPS up for her to work for me the local GPS LADY kept saying it is my understanding you were to go to prison. Hence why the local GPS Lady has caused all these false violations . That we can prove are false. It's a long story. But you can see what I am saying. And I find it EXTREMELY ODD for a PO to be gone a month with no one to fill her position. I wonder if she may have been terminated. And usually the GPS from Des Moines has my daughter contact the local GPS. Who btw never answers her phone or returns calls and we have phone logs of this.
This is why I WONDER IF IT IS NOT BEST IF MY daughter just rides it out and Feb 4 comes and it is over. If the fire isn't stoked no flames are made.
None of us have a crystal ball
Thanks for all
I think I have summarized it. I ended up with a book. And as I told my daughter this am please learn from this so you can breathe easy without carrying this load daily.
Expert:  Zoey_ JD replied 1 year ago.

You're very welcome.