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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118804
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Just here trying to find out how to file a complaint by a

Customer Question

Just here trying to find out how to file a complaint for mistreatment by a probation officer. I am a business professional, received a DUI with no evidence in the state of VA. Was placed on probation although the officer sated he refused to administer the breath test after I requested it. Either way, I have been threateded by the PO in VA that I will have to return to VA if the probation office in CA does not accept my transfer. Not sure what to do about that but I have no control over them accepting me or not.
JA: Thanks. Can you give me any more details about your issue?
Customer: I was contacted by the probation officer in CA a few weeks ago, she became upset with me and hung up the phone on me because I told her I was at work and asked if I could call her back at 3pm. I spoke with her supervisor today who was of no assistance.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

So your probation is from VA and it has or has not been officially transferred to CA?

Expert:  Sam replied 1 year ago.

What is it you want to do - file a complaint? Against the VA PO or the one in CA?

Customer: replied 1 year ago.
I would like to file a complaint against the CA PO.
Customer: replied 1 year ago.
I was reading online this may not be wise . The treatment I've received this far has been unprofessional and demeaning to say the least. All of which is unnecessary. I'm fearful the individual will make an effort to make my life difficult because I contacted her supervisor who was exually rude.
Expert:  Sam replied 1 year ago.

Ok. So you did not tell me has the probation been transferred to CA is that where you are?

Expert:  Sam replied 1 year ago.

So what you need to realize is you are on probation in lieu of a jail sentence. Any sentence that could have been imposed was suspended and the court granted you the privilege of being on probation. Instead, the court suspended a sentence and placed you in probation in anticipation of successful completion.

The other thing is there is no right to have your probation transferred from the convicting state. If that has been granted, you have been given another privilege.

Expert:  Sam replied 1 year ago.

Next, you need to remember that PO's deal with all types of criminals. Some who have been in jail and released on Parole, but also have a probation attached to their sentence. So they are not going to be very nice. It's not their job to be nice. They have many clients to supervise and have no time for nice. Your job is to do what they tell you as long as it is a lawful directive.

You are correct that if you make complaints, it is possible for CA to tell VA they no longer want to supervise you and your would be required, under warrant, to return to VA.

However if you want to make a complaint you can contact the Dept of Parole and Probation.

Expert:  Sam replied 1 year ago.

If you provide the county you are being supervised in I can locate that information for you.

Customer: replied 1 year ago.
I took probation over community service. Jail was never on the table in my case. Additionally I do not have supervised probation. The only requirement I have from the court is to complete a monthly report online. it's a shame that these people can treat you less than human and nothing can be done about it. Oh well.
Expert:  Sam replied 1 year ago.

Oh. I see. Well if you tell me your county you are in I can give you the information on how to file a report.

Expert:  Sam replied 1 year ago.

If you are completing the online reports as required, then what is the problem with the PO?

Customer: replied 1 year ago.
That's the million dollar question....just bad attitude.
Expert:  Sam replied 1 year ago.

I am sorry to hear this. But as I said - they have a very tough job with some very tough Criminals. And their job is not to be nice.

Customer: replied 1 year ago.
They need to know the difference...no excuse to be ever rude and unprofessional regardless of the crime. That's like a person selecting a customer service job when they dislike working with people. The po's should know the difference between me and and person on parole for drugs trafficking or a murder. Thanks for your time but I'm not buying into its okay to be rude because your job is to deal with criminal elements. They are still people...thanks for your time.
Expert:  Sam replied 1 year ago.

I agree 100 percent. I am not disputing that. But good luck, if you know what I mean

Expert:  Sam replied 1 year ago.

The PO's are under a lot of pressure. And I agree they should value people like you who do what they should and are not a bother.

Expert:  Sam replied 1 year ago.

However, in training, I would guess 10 minutes might be spent on being "polite"

Expert:  Sam replied 1 year ago.

I never said it was OK. I only said that's the way it is. And that's a fact. Good luck trying to make the change. And I can provide you with the information you need to make a complaint to start the change process if you give me the county?

Expert:  Sam replied 1 year ago.

At any rate, I only get credit for my time and information with a positive rating. I know you don't want to hear what I said. And I could have sugar coated for you. But that is not my job. My job is to provide true and correct information. And the fact is PO's can be rude and nobody cares as long as they are not physically harming someone and are within the law.

I don't train PO's but I have been around many many of them. And again I am not disagreeing with you. I am only stating the facts.

Expert:  Sam replied 1 year ago.

Thanking you in advance for a positive rating.

Customer: replied 1 year ago.
Dear no positive rating. You defended bad behavior and made assumptions and was of no help at all. A complete waste of money.
Expert:  Sam replied 1 year ago.

Thank you. ***** made it perfectly clear I was not defending the bad behavior. Just providing the truth.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR and I am more than willing to continue to work with you, but please tell me do you want the truth or would you like to hear just what will make you feel good and better about your situation? I ask because what the reality is in cases like your case, which I handle several times a day with my clients, is not something that is a nice situation and if you want the truth about your situation I am happy to tell you.