Parole Agent on a High horse?

[diaz0516]

What is the name of your state? California

My husband has been out on parole for over a year now. He has held down his job the entire time, not tested dirty even once. His origianl parole agent was cool, she came by once a month was polite and never was disrespecful. About a month ago they switched him to a new PO, he case load is for 2nd strikers- my husband is not a 2nd striker, but the new PO treats him like crap- she comes to our house like 3 times a week... and most recently she says he tested dirsty for cocaine.. my husband has never done cocaine.. 8 years ago his drug of choice was meth.. he would never do cocaine... but my question is can this PO on a high horse lock him up for 1 dirty test which is a fabrication anyway?

 

[Silverplum]

What is the name of your state? California

My husband has been out on parole for over a year now. He has held down his job the entire time, not tested dirty even once. His origianl parole agent was cool, she came by once a month was polite and never was disrespecful. About a month ago they switched him to a new PO, he case load is for 2nd strikers- my husband is not a 2nd striker, but the new PO treats him like crap- she comes to our house like 3 times a week... and most recently she says he tested dirsty for cocaine.. my husband has never done cocaine.. 8 years ago his drug of choice was meth.. he would never do cocaine... but my question is can this PO on a high horse lock him up for 1 dirty test which is a fabrication anyway?

I'm just laughing over here at the very idea that it is the PO's JOB to "be cool" to the parolee.

 

[diaz0516]

I'm just laughing over here at the very idea that it is the PO's JOB to "be cool" to the parolee.

I didnt say it was her job to be cool to him, but at the same time she needs to be resoectful of his wife and children. We are not on parole we do not deserve to be punching bags for her just because she has decided my husband isnt a human who has rights.

 

[Silverplum]

I didnt say it was her job to be cool to him, but at the same time she needs to be resoectful of his wife and children. We are not on parole we do not deserve to be punching bags for her just because she has decided my husband isnt a human who has rights.

I'm going to write this post off as hyperbole.

 

[seniorjudge]

Q: but my question is can this PO on a high horse lock him up for 1 dirty test which is a fabrication anyway?

A: If the judge believes the PO, yes.

 

[Ozark_Sophist]

Your husband should arrange for another drug test through his own doctor. Blood and hair follicle to show he is and has been clean.

 

[seniorjudge]

I'm going to write this post off as hyperbole.

I have a bole, but where do I get a hyperbole?

 

[Silverplum]

I have a bole, but where do I get a hyperbole?

In Colorado, of course! We keep them in each stone fireplace, everywhere in the entire state.

 

[CdwJava]

Hubby will have a right to an attorney and to have a hearing within 31 days. These days, most violations for a single dirty test are NOT going to result in him being tossed back into prison beyond that time frame.

His attorney can address any issues regarding ther test.

- Carl

 

[diaz0516]

Thank you for your responses. can we introduce an independant hair folicle test ourselves? I mean if I take him down and ask them to test his hair for cocaine they can tell in a report if he has done it and how recent and if he has not done it and the length of time on that as well?

 

[CdwJava]

It depends on the test.

However, if he is already out, what's the deal? They don't usually release people pending a parole hearing.

If he is not being charged with a fresh offense for being under the influence of a controlled substance, then it would seem that the matter is over. If he's not locked up now, he isn't likely to be unless he has a series of failed tests or failure to comply with the conditions of his parole.

- Carl

 

[seniorjudge]

Have an independent test done and have it sent to the PO.

Do not even touch the report.

Google chain of evidence for more explanation.

 

[Airbaby]

Unfortunately, parolees are the mercy of the Probation Officers to an extent, they do have your husbands life in their hands, as pretty much anything she says in court is going to be believed, However, you ccan file a grievance against the individual stating that she is treating him like he is less than a human being, you might also want to remind her, that he isnt a mistake, he just MADE a mistake. There is a difference. Many officers have a god complex as well, if you feel he is getting treated unfairly, call her supervisor, if nothing is done with her/him, then file a grievance .
Good Luck

 

[pcgumshoe]

My experience with POs in California and the Justice system there makes me feel that unless your husband's crime was a "drug" conviction, the judge might want a second sample. The Public Defender (or other attorney) could argue conflict of interest. Out of curiosity, can you move?

When I was on Parole/Probation in California, I was forbidden to use a computer (ha ha ha, everybody laugh). The way around this was to change the PO... if you live in an apartment or a rental, maybe a move would help your cause.

Some PO's, however, are pretty possessive about their "special" parolees...

If he didn't do the drug, it could be argued a false positive and a retest (and subsequent excessive testing) will prove this.