Parole, Probation Violation of Probation ?

[needurhelp]

Ok, I need some help for a friend of the family. He was arrested for child solicitation (online) and signed a plea agreement for house arrest and probation. He finished his house arrest and is now on probation.

In his plea agreement, he agreed to and it states that he can have supervised visitation with his children He is going thru a divorce and saw his children throughout his time on house arrest. Now, that he's on probation he's been told that he cannot have any contact with his children because it violates his sex offender probation guidelines. Long story short, someone made an anonymous call to the prosecutor and turned him in for talking to his children on the phone. He has NOT hurt his children in any physical way.

My question is...can he be kept from his kids and "violate" probation if it's included in and states in his signed plea agreement that he can have supervised visitation with them. Is this possible????

Thanks for your advice and info. It's very much appreciated.

 

[raskalnikov]

He violated the terms of the agreement by having contact without a social worker/etc. Even though it was only by phone.

So, yah, he violated probation and he can be kept from his kids.

 

[needurhelp]

I guess I just don't understand. If his plea agreement specifically states that he can have supervised visitation and it outlines his house arrest and his probation...then how can that be considered a violation?

 

[tpajet]

Because the phone call was not a supervised contact.

As for being told he can no longer have contact with his kids (contrary to his plea agreement) he would need to bring that up to the judge.

 

[Hideoutcabins]

Telephonic correspondence constitutes unsupervised contact. He should have know that from his internet contact with underage parties.

 

[needurhelp]

How can it be unsupervised if their mother is present for any and all phone calls not to mention that the calls last just long enough for him to say that he loves them and to tell them goodnight.

 

[raskalnikov]

It may be that the supervision has to be from a social worker, not just the mother.

 

[tpajet]

Also, just because Mom is standing next to the child does not mean supervised. If she is not listening in on the call, she cannot supervise it. But as stated, supervised could mean social worker, not just mom. He needs to hash this all out with the judge.

 

[jharris352]

I see that the people answering this thread are misunderstanding what is happening here. When he passed from "house arrest" to Probation he was being supervised by two different sets of rules. The issue of him talking on the phone is NOT one of who is supervising him but whether or not he has the right to contact his kids at all according to PROBATION GUIDELINES for Sex offenders.

These guidelines are STANDARD form guidelines and would be SUPERSEDED by any specific Court Order that contradicted them. So, if the Court order said that he is to have supervised visitation with his children (and I'm sure it specified what "supervised" meant) then the general probation guideline for ALL SEX OFFENDERS would be superseded by the specific court order.

I would present my court order to the probation department. If they still disagree he needs to get his attorney to file for Declaratory Judgment concerning the conflict between his original court order and the statutory probation guidelines for sex offenders. This will solve the problem.

Unfortunately it may take him a bit to solve the problem, but it seems he will be able to see his kids on a supervised basis once the problem is resolved.