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Rights violated , officer misconduct

Discussion in 'Probation, Parole, Incarceration' started by blynnrobles87, Jul 31, 2018.

  1. blynnrobles87

    blynnrobles87 Law Topic Starter New Member

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    Jurisdiction:
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    So we have a registered sex offender Who was arrested for alleged violations of parole at this time he sat in county jail for 2 months. Just 2 DAYS after he was arrested, SOMEONE was irresponsible with his computer(they seized it during his arrest) and apparently neive to the fact that his computer and mine were both logged into the same Chrome account . I say this because whomever it was soent the next 36 hours using his computer to watch xxx videos. Child lesbian mother daughter xxx videos to be even more clear.

    Prepared to use this Information if needed Frank waited for news of a preliminary or hearing to determine probable cause....which never happened.... he was he was never given a list of evidence used against him they didn't give him a denial of counsel when he requested it but they also didn't give him counsel and when he went to his final hearing and pointed out his rights had been violated and the computer chain of custody is non existent . . They said. "Oh well and you can't bring that evidence in to this matter "
    If they we're going to act in such a disgusting abuse of power mindset they could have at least sent him to an alternative program considering the reform declares prison to be a last resort.
    They sent him back to prison without paying any mind to the prison reform act and alternative sentencing, his rights, her misconduct, and his testimony.

    How do we fight this ?
     
  2. mightymoose

    mightymoose Moderator

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    He was a parolee. He had special rules and conditions to abide by. Things work differently for him than with someone who has not yet been convicted.

    Did he have legal counsel during this process? What was he told?
    There isn't anything you can do other than acquire legal counsel on his behalf.
     
    blynnrobles87, leslie82 and hrforme like this.
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It took me a while to figure out what was going on. It seems that there was a parolee who was a registered sex offender. He was rearrested and his computer seized. Are you saying that someone in the police station or where the computer was stored used the computer by connecting it to the Internet to watch pornography during the next day and change? I assume you're saying this was discovered by yourself because you both share an email address and he was using your account before the computer was seized? Are you also saying that the judge agreed that the charge couldn't be made because the evidence seized was now no longer reliable?

    I'm also a little confused about what went down at the hearing after he was arrested. He should not have been denied the right to counsel and what happened - as @mightymoose asks? This needs to be clarified.
     
    blynnrobles87 likes this.
  4. Highwayman

    Highwayman Well-Known Member

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    Then you're a better man than me - I still can't figure out what the OP is describing.
     
    leslie82 likes this.
  5. blynnrobles87

    blynnrobles87 Law Topic Starter New Member

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    Yes his computer was seized. . Yes it was later used by someone ... When we asked for record of chain of custody, they ignored us. Much like they ignored his request for counsel. He filled out a form requesting counsel. The parole officer (who we assume to be the one guilty of tampering with evidence) took the paper and that was the end of it.

    In Georgia (and any state ) you are supposed to get a preliminary hearing as well as a final hearing. The prelim is to determine if probable cause exists. The only reasons to not have that hearing is if he admitted to the violation, signs a waiver of hearing, or is convicted of a new crime. None of these apply to him but when he asked the officer when his preliminary hearing is.. she just responded with " this is your preliminary hearing" (referring to that meeting with him in which she offered him a waiver and he didn't sign it and then she handed him a paper with a date for final hearing.)

    Without a preliminary he has no way to call witnesses nor was he ever given a list of evidence they play .to use against him.

    At the final and only hearing he was told by the bearing examiner that he was found guilty. He explained the best he could while representinf himself that his rights we're violated and that the computer was tampered with. She told him then that she didn't care what he had to say about the computer. Basically ignoring his claims and still sent him back to prison.
     
  6. blynnrobles87

    blynnrobles87 Law Topic Starter New Member

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    Yes I understand his rights are not the same as a criminal awaiting conviction. I have done my fair share of research. I know that although limited he does have a small set of rights and that includes the right to counsel and the right to both s preliminary and final hearing to be conducted by a non bias member of the board. He also has the right to a list of evidence they plan to use against him as well as the right to cross examine any witness providing it doesn't cause an issue that will outweigh the benefit.

    He was denied EVERY SINGLE one of these rights. Not only that but now he is sitting in diagnostic prison for 6 weeks incommunicado and wants to appeal this decison. I have minimal knowledge to write up an petition for writ of habeus corpus but I've seen other people who lost that battle simply because they didn't first exhaust all appeals. How do you appeal an administrative hearing? Parole hearings arent considered formal Court proceedings.

    Called today to get the officers badge number (to report to FBI) and imagine that she wouldn't share it with me..
     
  7. leslie82

    leslie82 Well-Known Member

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    So go hire a lawyer to help you out. I don't think the FBI is going to care about your whatever he is case. Why would you think to report it to the FBI?
     
  8. army judge

    army judge Super Moderator

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    What you describe references a person being charged or investigated for committing a crime.


    You aren't a party to this, so there is no we.

    There is only a he or a she.

    As best as I can deduce, he or she was convicted of a felony ( maybe felonies) and sentenced to prison.

    Time passes, he or she is released on parole.

    While on parole he or she becomes involved in an activity which she or he was not to have been involved.

    The probation officer decided he or she shoudl be revoked.

    However, the PO can't revoke a parolee.

    Only a judge can revoke the parolee and order the person back to prison, or released to continue parole.

    The following describes what happens in Georgia when a parolee is under consideration to be revoked.

    ====================================================

    When a parolee has reportedly violated a condition of his release, a Parole Board warrant may be issued for the parolee's arrest.

    If the alleged violation is absconding from community supervision, or if the parolee is otherwise not available to the Board for a hearing, a temporary revocation order may be issued.

    This order suspends the running of the sentence from the date of the order.

    A parolee arrested on a Board warrant for allegedly violating a parole condition is afforded a preliminary hearing within a reasonable time at or near the place of the alleged violation before a Board hearing officer not directly involved in the case.

    The purpose of the preliminary hearing is to determine whether there is probable cause to believe the parolee violated a parole condition and whether he should be held under arrest pending the Board's decision on revocation.

    A preliminary hearing is not required if the parolee is not under arrest on a Board warrant, has absconded from supervision, has signed a waiver of preliminary hearing, has admitted any alleged violation to any Board representative in the presence of a third party who is not a Board employee, or has been convicted of any new crime in a Georgia court, a court of another state, or a Federal court.

    The parolee is given written notice of the preliminary hearing, allowing reasonable time to prepare his/her case.

    The parolee may retain counsel to represent him at the preliminary hearing.

    The parolee may present witnesses and documentary evidence in his own behalf, and he may cross-examine adverse witnesses unless the hearing officer determines that a witness would be subjected to risk of harm if his identity were disclosed.

    The parolee is invited to make statements and answer questions but is not required to do so.

    The hearing officer may issue subpoenas to compel the attendance of witnesses who are residents of the county of the alleged violation.

    The Hearing Officer may also issue subpoenas for the production of documents or other written evidence at the hearing.

    After the preliminary hearing, the hearing officer submits to the Board a written report on the testimony, on his findings, and on any decision to release the parolee on his personal recognizance.

    The Board then ratifies or overrules the hearing officer's findings, including any decision to release, and decides whether to hold a final hearing.

    A final hearing is not required if the parolee, free on his personal recognizance, fails to appear at his final hearing.

    The Board may summarily revoke his parole.

    A final hearing is not required if the parolee has admitted the violation and signed a waiver of final hearing.

    A final hearing is not permitted and revocation is mandatory by law if the parolee is sentenced by a Federal Court or a Georgia State or Superior Court to a term of imprisonment, including one reduced to time served, for any felony crime, or for a state misdemeanor involving physical injury to another, which the parolee committed during his parole term.

    +++++++++++++++++++++++++++++++

    More informative material:

    https://www.schr.org/files/post/Parole Handbook 2015.pdf

    How Parole Works

    Probation Revocation Hearings in Georgia | Forsyth County Criminal Defense Attorney

    ............................................
     
  9. blynnrobles87

    blynnrobles87 Law Topic Starter New Member

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    All due respect...did you actually read what you copy and pasted or just copy and paste. Thank you for the information that explains exactly what I just said ... I'm confused is to how they differ? Like you have confirmed. He had rights.. they we're violated.. and I'm seeking advice to give him so he can appeal it. But he's isn't exactly in a position to surf the net..
     
  10. blynnrobles87

    blynnrobles87 Law Topic Starter New Member

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    Maybe because it falls under "color of law " crimes.. one of the 4 main focuses of the FBI..
     
  11. mightymoose

    mightymoose Moderator

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    You are in this way too deep.
    Your friend needs legal counsel. The best thing you can do to help is retain counsel on his behalf. This is not something you do yourself and succeed.

    My guess is that at some point he waived his rights and simply doesn't realize it.
     
  12. Disabled Vet

    Disabled Vet Well-Known Member

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    What you assume as tamper with evidence could of been law enforcement watching the evidence. To see if they could spot others within the video that would lock up their sick butts.
     
  13. leslie82

    leslie82 Well-Known Member

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    LOL ok. Good luck with whatever you think you're doing.
     

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