What is the name of your state (only U.S. law)? Ma. and Mo.
My name is ----. Thank you for taking your time to read this, and I am hopeful about your response. I want to start by saying, I am not trying to evade prosecution, reduce a sentence, deflect responsibility, nor am I requesting to be represented by you in Court. I lack knowledge of Ma. Criminal Law. I have already been convicted, and am currently serving Probation for a 2nd degree robbery. I would like to know if I have grounds for a lawsuit. Here’s an overview of the facts:
In 2007, while serving probation in Ma. for an armed robbery, I obtained verbal consent from my PO to move and reside in the State of Mo. There was no travel permit given, or any Interstate Compact. While in Mo. I was charged with, and plead out to, a 2nd degree robbery. They had no knowledge of my status in Ma. I received 6 yrs probation. I informed my PO in Mo. I needed to go to Ma. to report there.(let me tell you, they were pissed). I signed a Compact for Mo. to return to Ma. Upon my return to Ma. my case was given to a different PO. At this point Ma. was continuing my probation, and supervising for Mo.
In 2009, 1 yr prior to completing my Ma. probation, I requested to move to NH. My PO said yes, on these conditions: 1) keep travel permit on my person at all times. 2) abide by conditions of probation. 3) return to PO once a month for check in. At which time I would receive a revised travel permit.
I moved to NH., returned once a month to check in, and received an updated travel permit every visit. On the travel permit it specified the state(NH), and address(my cousins), I was to be residing at, which was signed and dated by me and my PO.
On my last check in, this is what was said, “You don’t have to appear in Court for the Judge to terminate your probation. I’ll date this last travel pass in accordance with the Court date. You’re all set.”
Approx. 4 months after my Ma. probation was terminated. My girlfriend received a call from my former Ma. PO. She told my girl that, “Mo. doesn’t know where ------ is, you need to tell him to come back, or there will be a warrant for his arrest.” I immediately called her back, and got a voicemail. I told her, “I don’t have the finances to travel, or a residence in Ma. to return to. You gave me permission to live here, fix it, and call me back.”
The next day I received a phone call from a man claiming to be from the Mo. probation and parole office, and he asked for me. I identified myself, at which time he read off the “Miranda Rights”. After reminding me of my rights he asked, “what state are you living in?” I told him, “bro, I don’t know you, or why you are calling.” I told him he needed to talk to Mrs.-----, out of, ------ County, Ma. Then I invoked my 5th Amendment right, and hung up.
2 weeks later I was arrested on a Fugitive from Justice warrant out of Mo. I was locked up and taken before the Court in NH. I told my Public Defender there the story, and said this isn’t right. I couldn’t fight extradition because I had signed the Interstate Compact from Mo. Eventually I was taken back to Mo.
When I got to Mo. a PO came to see me. It was the guy who had called me back in Ma. He then handed me the violation report. I had 2 violations: 1) Residency. 2) Reporting/Directives. In the violation report it says that in March ’10, Ma. PO sent a report to Mo. stating, “Upon completion of his Ma. probation, Mr. ---- absconded to the State of NH.” Which resulted in Mo. putting out the fugitive from Justice warrant. I told him Ma. had let me move to NH, and return once a month to report. Also, the date the Ma. PO had sent her report to Mo. was made approx. 4 months after my Ma. probation was completed. I wasn’t even on probation at that time. He was surprised and was unaware that I was permitted to live in NH while still being supervised by Ma. I told him that the report is a straight out lie. He admitted to me that Ma. was not following policy, and he would check up on my story. But since I’m in Mo. I’ve got to go to a violation hearing.
2 weeks later I received a revised violation report. In the revised report it states, “See initial Violation Report…”, and, “…Ma. confirms Mr. -----'s assertion that he was allowed to live in the State of NH for an entire year unsupervised.” I outlined my defense for the hearing, with proof of false statements made by the Ma. PO, I mailed it to my Public Defender and even sat down with her to go over the facts. I told her the revised report with the statement, “Ma. confirms Mr. -----'s assertion that he was allowed to live in the State of NH for an entire year unsupervised.”, beats the 2 said violations. She told me that she didn’t feel comfortable going on record with this, that I was claiming that Ma. had violated the law. I told her, “damn right they did! And I got locked up for it!”
The hearing was crap. Prosecution questioned the Mo. PO. My public defender was able to ask one question, in response the judge said stop, we are going off record, and had my lawyer, PO, and prosecutor approach the bench. After their powwow, before going on record the PO walked by me, before walking out and said, “sorry, did all I could.” And left. The Judge went on record and said he was moving to sentencing and judgement. The Judge didn’t address the said violations, instead found me guilty of, “using drugs while on probation.” And said, “…I cant just let you out because you have nowhere to go, and I will not allow you to go back to Ma.” On my sentencing and judgment papers it says guilty of, “Residency and Reporting/Directives.” I was sentenced to 120 days DOC drug treatment.
Crime and drugs are behind me. Life is good, but this eats at me daily. I know for a fact the report from the Ma. PO. Is a lie, which resulted in my arrest. The proof is on official court documents. Is this legal? I am now living in Mo. being prohibited from going back home, all because my Ma. PO did not notify Mo or NH that she was sending a convicted felon over state lines. She was supposed to set up supervision for me knowing I was completing my probation. It’s very incompetent of her, and morally wrong that she would lie, resulting in my arrest and incarceration for 7 months to cover it up. This is the 2nd time they did it.
Do I have grounds for a lawsuit? How do I go on from here? I know you get paid to do this, I don’t have money. I just need advice, one free man, to another.
Sincerely,
.
My name is ----. Thank you for taking your time to read this, and I am hopeful about your response. I want to start by saying, I am not trying to evade prosecution, reduce a sentence, deflect responsibility, nor am I requesting to be represented by you in Court. I lack knowledge of Ma. Criminal Law. I have already been convicted, and am currently serving Probation for a 2nd degree robbery. I would like to know if I have grounds for a lawsuit. Here’s an overview of the facts:
In 2007, while serving probation in Ma. for an armed robbery, I obtained verbal consent from my PO to move and reside in the State of Mo. There was no travel permit given, or any Interstate Compact. While in Mo. I was charged with, and plead out to, a 2nd degree robbery. They had no knowledge of my status in Ma. I received 6 yrs probation. I informed my PO in Mo. I needed to go to Ma. to report there.(let me tell you, they were pissed). I signed a Compact for Mo. to return to Ma. Upon my return to Ma. my case was given to a different PO. At this point Ma. was continuing my probation, and supervising for Mo.
In 2009, 1 yr prior to completing my Ma. probation, I requested to move to NH. My PO said yes, on these conditions: 1) keep travel permit on my person at all times. 2) abide by conditions of probation. 3) return to PO once a month for check in. At which time I would receive a revised travel permit.
I moved to NH., returned once a month to check in, and received an updated travel permit every visit. On the travel permit it specified the state(NH), and address(my cousins), I was to be residing at, which was signed and dated by me and my PO.
On my last check in, this is what was said, “You don’t have to appear in Court for the Judge to terminate your probation. I’ll date this last travel pass in accordance with the Court date. You’re all set.”
Approx. 4 months after my Ma. probation was terminated. My girlfriend received a call from my former Ma. PO. She told my girl that, “Mo. doesn’t know where ------ is, you need to tell him to come back, or there will be a warrant for his arrest.” I immediately called her back, and got a voicemail. I told her, “I don’t have the finances to travel, or a residence in Ma. to return to. You gave me permission to live here, fix it, and call me back.”
The next day I received a phone call from a man claiming to be from the Mo. probation and parole office, and he asked for me. I identified myself, at which time he read off the “Miranda Rights”. After reminding me of my rights he asked, “what state are you living in?” I told him, “bro, I don’t know you, or why you are calling.” I told him he needed to talk to Mrs.-----, out of, ------ County, Ma. Then I invoked my 5th Amendment right, and hung up.
2 weeks later I was arrested on a Fugitive from Justice warrant out of Mo. I was locked up and taken before the Court in NH. I told my Public Defender there the story, and said this isn’t right. I couldn’t fight extradition because I had signed the Interstate Compact from Mo. Eventually I was taken back to Mo.
When I got to Mo. a PO came to see me. It was the guy who had called me back in Ma. He then handed me the violation report. I had 2 violations: 1) Residency. 2) Reporting/Directives. In the violation report it says that in March ’10, Ma. PO sent a report to Mo. stating, “Upon completion of his Ma. probation, Mr. ---- absconded to the State of NH.” Which resulted in Mo. putting out the fugitive from Justice warrant. I told him Ma. had let me move to NH, and return once a month to report. Also, the date the Ma. PO had sent her report to Mo. was made approx. 4 months after my Ma. probation was completed. I wasn’t even on probation at that time. He was surprised and was unaware that I was permitted to live in NH while still being supervised by Ma. I told him that the report is a straight out lie. He admitted to me that Ma. was not following policy, and he would check up on my story. But since I’m in Mo. I’ve got to go to a violation hearing.
2 weeks later I received a revised violation report. In the revised report it states, “See initial Violation Report…”, and, “…Ma. confirms Mr. -----'s assertion that he was allowed to live in the State of NH for an entire year unsupervised.” I outlined my defense for the hearing, with proof of false statements made by the Ma. PO, I mailed it to my Public Defender and even sat down with her to go over the facts. I told her the revised report with the statement, “Ma. confirms Mr. -----'s assertion that he was allowed to live in the State of NH for an entire year unsupervised.”, beats the 2 said violations. She told me that she didn’t feel comfortable going on record with this, that I was claiming that Ma. had violated the law. I told her, “damn right they did! And I got locked up for it!”
The hearing was crap. Prosecution questioned the Mo. PO. My public defender was able to ask one question, in response the judge said stop, we are going off record, and had my lawyer, PO, and prosecutor approach the bench. After their powwow, before going on record the PO walked by me, before walking out and said, “sorry, did all I could.” And left. The Judge went on record and said he was moving to sentencing and judgement. The Judge didn’t address the said violations, instead found me guilty of, “using drugs while on probation.” And said, “…I cant just let you out because you have nowhere to go, and I will not allow you to go back to Ma.” On my sentencing and judgment papers it says guilty of, “Residency and Reporting/Directives.” I was sentenced to 120 days DOC drug treatment.
Crime and drugs are behind me. Life is good, but this eats at me daily. I know for a fact the report from the Ma. PO. Is a lie, which resulted in my arrest. The proof is on official court documents. Is this legal? I am now living in Mo. being prohibited from going back home, all because my Ma. PO did not notify Mo or NH that she was sending a convicted felon over state lines. She was supposed to set up supervision for me knowing I was completing my probation. It’s very incompetent of her, and morally wrong that she would lie, resulting in my arrest and incarceration for 7 months to cover it up. This is the 2nd time they did it.
Do I have grounds for a lawsuit? How do I go on from here? I know you get paid to do this, I don’t have money. I just need advice, one free man, to another.
Sincerely,
.
