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Probation Officer Conduct Parole, Probation

Discussion in 'Probation, Parole, Incarceration' started by lostsoul, Oct 2, 2009.

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  1. lostsoul

    lostsoul Law Topic Starter New Member

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    Long story short, I was arrested 2 and a half years ago for possession of child porn, I went with a plea agreement for 3 years probation. I did not follow some terms and was re-arrested last December for probation violation.

    The violations were for not filing monthly reports to the PO's, contraband, such as possession of legal adult porn, which was against my terms, my wife's sex toys, and some other technicalities.

    I have put my wife and family through hell the last two years, and I have become obsessive and paranoid, my wife loves to flirt and it never bothered me until I got busted and she stopped being sexual with me. I have suspected her of affairs and accused her of it. I have in a sense pushed into what she has done.

    One of the officer's who seized computer equipment from my home found some naughty pics of my wife which was a violation of my terms, he did not turn them in and flirted with my wife some. I have been spying on my wife and reading her e-mails, I feel bad for doing this, I become suspicious of what I found and last week it all came together.

    Last night we had a fight and she confessed to having an affair with this probation officer. She claims the flirting helped to keep me out of jail when I went to court last time. My wife has a copy of the e-mail I had printed in which she is describing her affair. Technically I am only suppose to use a computer for work under my terms, she has threatened to turn me in for another violation for hacking her e-mail account.

    My question is where does the Probation Officer who has the affair come in, if probation is suppose to help me, how can one sleeping with my wife while we are going to marriage counseling help me to get better? And he knows who I am and of my crime and my wife has told him details of problems at home.

    Opinions? Help Please!!!
     
  2. CdwJava

    CdwJava Moderator

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    Assuming your wife is telling you the truth (and it is possible she's pulling your chain and feeding your paranoia) then you should speak to a supervisor at the probation department.

    You may also want to speak with your attorney.

    - Carl
     
  3. raskalnikov

    raskalnikov New Member

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    I think it's lame you can't have adult porn. And your wife's sex toys being a violation is also really strange. Your probation terms must be very strict.

    Anyway, I don't really see a criminal law question here. I'm sure you could tell this to your P.O.'s supervisor, or someone, and then have a new PO assigned to you. Probably don't want to show evidence that while showing an affair, also shows you yet again violating terms of your probation.
     
  4. CdwJava

    CdwJava Moderator

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    Such terms are not uncommon when dealing with certain porn cases. In fact, I am surprised he is even allowed a computer or internet access. At the very least, internet access is usually restricted or forbidden in these cases.

    - Carl
     
  5. lostsoul

    lostsoul Law Topic Starter New Member

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    The P.O. in question I have never met, I have a paper that has his signed name on it showing he confiscated equipment from my home the day I was arrested.

    There has been no reason for my wife to be in contact with him, however I have phone records to her cell phone that show calls made to his cell phone. And some of it correlates with the dates that her e-mails describe her having sex with him. In one e-mail to her friend she even asks if giving she is that good at giving head that he would risk loosing his g/f or his job (his P.O. position).

    She also blames me now and is making some calls, this P.O. may have gotten in some trouble and was transferred to another city, I had nothing to do with it since although I suspected the affair, I said nothing to no-one as I was hoping she would confess in therapy and we could work it out.

    Isn't what the P.O. did criminal? He had some involvement with my case, he knew my crime, he met my wife during a search of my home, and then become involved with her?

    I mean it be slightly different if this was not a Sex Offender P.O. involved here.
     
  6. lostsoul

    lostsoul Law Topic Starter New Member

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    I am not allowed internet or computer access anywhere other than work, only becuase my job is working with computers, I have commited not other crimes involving the original crime and have been attending Sex Offernder therapy in which I am polygraphed.

    They let me continue to work to support my family and keep my home which I almost lost to foreclosure. When I go back to court in December I am going to see if the attorney can lift some restriction.

    In fact the P.O. I have allowed a computer back in my home, no internet access, so that my wife could do a school course to help her get a job.
     
  7. CdwJava

    CdwJava Moderator

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    Wait ... what? A probation officer transferred to another city? Must be a very big county.

    Of course, even if supervising probationers in another town in the county, that does not mean he has had to move his home office.

    In any event, unless the PO took action one way or the other, or made an offer of quid pro quo to your wife, this would appear to be a personnel issue (one that coul dget him fired if it comes to light) and not a crime.

    - Carl
     
  8. raskalnikov

    raskalnikov New Member

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    I don't think what the P.O. did was illegal.

    I also think there is evidence of you breaking all kinds of laws, and issues of trust with your wife.

    1) I doubt visiting and writing on this site constitutes "work."
    2) You're more than just spying on your wife, you're hacking into her personal affairs.


    Carl,

    I think it's odd about the adult porn because that may help this guy to no longer be interested in children. Read a LONG time ago about it being allowed in jails, and a warden argued it was perhaps healthier for those in jail/prison for Rape and other sex crimes.
     
  9. mightymoose

    mightymoose Moderator

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    On top of getting him fired, there could also be civil damages on his part if you and your wife should divorce over it.
    Sounds like you got some good information and caught them in their lies, but it is totally up to you how you want to handle it all.
    At the very least it is extremely unprofessional for him. You could report him to his supervisors and to the District Attorney.
     
  10. lostsoul

    lostsoul Law Topic Starter New Member

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    My wife claims that in the start, when it was flirting, he searched my home, found her sex toys, and her personal pics on her computer, he removed the pics from her computer and placed them on CD-ROM, he told her to remove the sex toys from the home, he must have said something in his report since another PO made a comment to me about the pics on my wife computer.

    However my wife is making out like he left some stuff out of his report to reflect me in a better light. She said she was attracted to him, I do not know who pursed who in the start, they met last December during the search of my home, the affair started in July, and I have no doubt this is true, there is to much evidence she has been seeing him.
     
  11. CdwJava

    CdwJava Moderator

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    It depends upon the nature of his offense and treatment - which we do not know.

    And if he can have adult porn on a computer, he is just as likely to have kiddie porn.

    - Carl
     
  12. CdwJava

    CdwJava Moderator

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    Either contact his supervisors and make a report, or just let it go. Complaining here is not going to change anything. Either you want to take action or you don't.

    - Carl
     
  13. lostsoul

    lostsoul Law Topic Starter New Member

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    Okay, I thank you for the information provided, I just need to figure out what to do next. Sounds like my best bet is to let it go, my wife and I will be telling our family therapist what has happened and seeing what the therapist has to say.
     
  14. raskalnikov

    raskalnikov New Member

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    lostsoul,

    I think you have reached the proper conclusion about what to do.
     
  15. jharris352

    jharris352 New Member

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    I'm going to bite my tongue concerning MOST of my feelings on this post. Your crime is one of little sympathy. You admit to breaking your probation on many points, and even on using the internet to post to this site. One has to wonder if you are surfing more prurient sites too. I don't condone what your wife or the PO did, but get this straight: The PO is not your therapist. He is not here to help you; he is here to make sure that your predatory sexual drive does not harm society again.

    Enough said. Any more and I'll be rude.
     

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