Parole, Probation Unreasonable/Impossible Probation Conditions? Get removed?

[Cobaltblu]

I am on probation in upstate New York State.

I have certain probation conditions which I deem impossible or unreasonable and want advice regarding whether a court would agree with me and remove them.

-Obey directions of the probation officer to ensure compliance with the conditions of probation. As I understand only the court can modify or add probation conditions but this seems to allow the probation department to add any conditions they want and I would have to do absolutely anything they say, all of this without the court's review. Both New York State law and the court probation conditions order state the court has the power to modify probation conditions.

-Do not have contact with individuals under the age of 17. This is literally impossible since minors under 17 make up 25% of the population and are present in every area of society. The only way I could abide by this condition is to never leave my house.

I want to petition the court to remove both conditions due to the first being completely unreasonable and due to the fact that the second condition is literally impossible.

What do you think?

 

[jharris352]

Knock yourself out, but it isn't going to happen. If your probation officer asks you to do something outrageous their might be some judicial relief from your argument, but the general condition stays.

Likewise, "contact" with those under 17 year olds is an attempt of protecting them from YOU. Incidental contact isn't what they are after, but they don't want to be hamstrung by the rule, they want YOU to be hamstrung by the rule.

I suspect if you petition a court you will get this sort of quip from a Judge: "Would you rather be in prison?"

Be careful what you wish for. How about leaving those under 17 alone and not worrying about the rule.

 

[Cobaltblu]

I understand why someone might suggest such conditions however I assume any court would be forced to remove any condition which is literally impossible to comply with? Saying you can't have any contact with minors is like saying you can't have any contact with women or people over 65...it is impossible.

The reason I ask is because I am a very details-oriented person and I find it ridiculous to have such vague and impossible conditions which I have zero chance of abiding by.

It is clear, from reading the law, that the State of New York does not intend probation departments to be given the ability to make up probation conditions on a whim without judicial approval.

I think I have a very reasonable and straightforward case here, however you honestly think a court might rule against me? I am no lawyer however I always assumed I would win in court if I challenged these conditions, but wanted to get the opinion of someone with more legal knowledge than I.

Just an FYI the court gave me a full certificate of relief from civil disabilities at sentencing and no one, either the court or the probation department has voiced any concern that I am either a bad person or a pervert. I think these conditions are just boilerplate conditions which were put in there.

What happened was someone using my computer downloaded some child pornography without my knowledge and the police found out and couldn't prove that the other person was responsible and I was charged and took a plea bargain and got probation.

 

[raskalnikov]

What did you plea to?

Anyway, I pretty much agree with JHarris,

I don't think you should bother unless your PO imposes something "impossible."

Also, I'm curious, did the person who downloaded the porn use your user-login and password?

 

[Cobaltblu]

I plead guilty to one count of possession of child pornography.

Yes they did since I had it written (duh!) on a sheet of paper on my monitor. The person had the material emailed to the email address I used on my computer. I later found the email and the material on my computer and deleted it. I sent my computer to the repair shop and they somehow retrieved the files and called the police.

I hear what you're saying about unless they impose something impossible however I dislike having an impossible probation condition where someone can accuse me of violating probation merely because I for example go grocery shopping and someone said "Hey there were minors who walked past him in the store!" or some other ridiculous thing like that.

I don't have a high degree of faith in government departments so giving them a ridiculous amount of power to theoretically send someone to jail merely because they walk past a minor is an abomination in my mind.

I mean if the probation department was really concerned or the court was they would have had some condition like I can't use the internet or they can monitor it.

 

[raskalnikov]

I think you should ask what the definition of 'contact' is. I would think you are allowed in public places where children might be, like stores/etc. , except perhaps near schools/playgrounds.

 

[Cobaltblu]

Well what response I got from the probation officer was noncommittal. It seems it means whatever they want it to mean in their opinion which is one reason I figured I could merely bring up the fact that the condition as worded is impossible and a court would have to either remove it completely or modify it to say something like "...do not purposely have substantial contact...".

I can't believe it is legal for a court to issue a condition which is literally impossible...regardless of ANY potential argument for the need to do so.

I appreciate the input and despite the opinion that I won't get anywhere I'll likely contact a lawyer and try to either get the condition removed or at the very least modified to explicitly state that unintentional unsubstantial contact is permitted.

 

[jharris352]

Man it's real simple. They have it so that if they want to violate you they can. It's not an accident. You can't abide by the probation guidelines. So if they have any concern about you at all they will put you in jail. I'm not going to weigh in on whether I think you are guilty and a pervert or not. It's part of the defense attorney mentality. You deserve fair treatment. They don't want you in jail or you would be there. They do however want your nuts in a vice and that is exactly where they are. Be nice to your probation officer and don't complain. They aren't concerned about catering to your OCD. Good luck, I hope you are telling the truth.