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Harassment by PO due to race

Discussion in 'Probation, Parole, Incarceration' started by eskoruppa98, Jan 28, 2017.

  1. eskoruppa98

    eskoruppa98 Law Topic Starter New Member

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    Hello, I have a few questions that I truly need answers to. The freedom of a innocent man lies on these answers. My father is dealing with some major issues with his probation officer. The PO in question is falsely accusing him of failed drug test and charging him for things that did not happen, simply because of different backgrounds and beliefs towards race. My father is a sex offender as well and that may be a huge reason why he is being treated this way by the probation officer. Well now I will proceed with the questions and reasoning why these questions have arose between my mother and I. A few months ago, George Johnson (my fathers probation officer) came to our home to do a routine check up which he did normally. On the front porch of our home, we flew an American flag and a confederate flag, which is pretty usual to see in the area we live in. When Mr. Johnson walked up to the house he made a comment to my father (Jeffrey Phillips) on the flag. Johnson stated " Some flag you have there", in which my father responded "Yes sir, that flag represents where I come from and what I stand for." Then we all proceeded into the house and continued the visit per usual and nothing further was mentioned about the flag. The week following this incident, my father began to be called in every week following for random drug test, which he never had to do in prior months, which was strange but my father complied and took the tests honestly and faithfully. He had no issue doing so because he is clean and knew for sure he would come back clean, the only reason he could have failed the drug screening would have been due to the medication he was on for his heart condition and mental illnesses. A few of the medications that he has prescribed to him will cause a person to fail a drug screening by testing positive and fail. When my mother attempted to call Johnson to inform him that if any came back positive, it was most likely caused by the medication, he began to completely ignore all calls, texts, emails, etc. My father was never informed by Mr. Johnson that he failed them until he was incarcerated on January 10th, 2017 for a warrant out of Brazoria county. My mother gathered 77 pages of evidence proving my fathers innocence and sent it to his original PO Matt O'Neil out of Tyler County which is the original location of the probation. When we spoke to Mr. O'Neil, he acted as if he was on our side and was really trying to help us but that turned out to be completely not accurate. He inevitably took the evidence we sent him to work with Johnson to create another false charge against my father for failure to register in Brazoria when we made the most recent move to the house we currently live in. Which is false because he attempted to go register the Friday before his birthday, the day he is required to register each year. The lady up there said she would give him a call and let him know when to go up again, that call was never received and he could not get in touch with Johnson at all after that. My mother and I truly believe that he is harassing my father, for the simple fact that we had a confederate flag flying, on top of him being a sex offender... that is a double whammy and Johnson is using it to his advantage. My father is a huge important piece to our family puzzle. My mother is paralyzed due to a medical mistake when she had her 3rd back surgery last year, he is her caregiver. I am a single mother of a 4 month old baby who requires and takes up about 97% of my time and attention right now and my baby sister is 15 so she cant provide and care for a grown women alone. If he gets put away on false charges for years, it will take a huge, devastating toll on our family. I will have to figure out how to make enough money to put my mother in a nursing home, if I'm not able to do, I may lose my daughter because I will have to care and provide for my mother 24/7, leaving little time for the baby. She will end up with family or in foster care, I don't want to have to choose between my mother and my newborn child. My father is a good man and he is trying to turn his life around and follow every law there is to follow because he doesn't want be away from his wife, his kids, his granddaughter and Johnson is not making that easy by no means. I would honestly just like some insight on how to go about taking action to put a stop to the discrimination and harassment. To further prove our side of the story, this is not the first time George Johnson has done exact same thing to someone on probation for the exact same thing, a confederate flag, which he assumes means something terrible when in reality, the flag stands for freedom and that's why we fly it. People look at my father as if he is a monster, but trust me when I tell you, he is far from it and just wants the chance to prove it. If you could help provide me with some insight as to how to go about this matter, it would mean more than words can describe. Thank you sincerely in advance.
     
  2. army judge

    army judge Super Moderator

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    The only thing you can do is hire your father a lawyer.
    However, he can ask the judge for a lawyer.
    In fact, how do you know your father hasn't been assigned a public defender?

    Anyone who ends up on probation or parole in Texas gets an orientation by the PO.
    The probationer also receives a packet of materials explaining what must be done during one's time on parole or probation.

    Look around your home, you should find ALL of those materials.
    You can read them to better understand how the process works.

    Not much more to tell you, except be patient and try to support your family.

    Good luck.
     
  3. Highwayman

    Highwayman Well-Known Member

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    I see nothing in your post that indicates there is any racial discrimination.

    May be? That's a big assumption. Of course, you seem to be contradicting your previous statement about race.

    In any event, you can try speaking to an attorney about the situation. He will let you fill him in on the details and let you know whether there is anything that can be done.
     
  4. eskoruppa98

    eskoruppa98 Law Topic Starter New Member

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  5. eskoruppa98

    eskoruppa98 Law Topic Starter New Member

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    Thank you for the advice. I truly appreciate it.
     
  6. leslie82

    leslie82 Well-Known Member

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    Nothing in your post indicates racial discrimination by the PO. Someone allegedly disliking that flag is not racial discrimination.

    Also it sounds like your dad didn't follow through on registering. When he didn't hear back from whoever he talked to he should have called again and went up and tried again. You don't just say "oh well they didn't call. Oh well." Not when you are on probation. Lawyer it up.
     

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