Excess of power

[dgeesler]

What is the name of your state? Wisconsin

I am currently on probation and am wondering what my P.O. has the right to do. I was 17 when I was convicted of Felony burglary, Forgery and bailjumping. Total of 7 years of probation. I am down to my last 6 months and have since been threatened with jail time because my father bought me a new car and I didn't ask my P.O. before accepting this gift. She has since put me on the electronic monitoring bracelet. This seems a little harsh to me. I have offered to pay all fines and court obligations in full and she has refused to allow me to do this while she still yells every visit that I am not paying my obligations to her. And finally she told me she is going to send me to a prison camp to do hard labor. Allthis after completing 6 and a half years of probation while never committing another crime. I made a mistake as a kid and I am trying to move on with my life. She seems determined to keep me back.

My ? is, is it worth it for me to say lets go to court and see if the judge feels the same way as her. I live in a different county than was convicted in and the judge does not have a reltion with my P.O. She took me to court once before for 100 hours of community service that got lost in the paperwork. She wanted me revoked for this violation but after the judge allowed me to explain my case, he sided with me and deferred the hours to a fine. This pissed her off even more and she doubled my visiting schedule from twice a month to four times a month because of this decision.

Any help or advice would be appreciated
Thank You

 

[Illinois Parent]

What obligations are you not paying? The fine that you were given in lieu of your community service? Keep this in mind...if you are not doing what you are supposed to be doing, it reflects badly on your PO and she has to answer for you. So, by all means, pay. You say your father bought you a car. Well, she probably suspects that you either bought the car outright yourself or had money that went into the car, money that should have been spent on the obligation you owe. And here's a news flash. You will NOT be released from parole UNTIL that money is paid. AND if you do not pay it before your end of parole date, you can just about guarantee yourself jail time for violating your parole.

As far as 'taking your chances with a judge', go right ahead. But let me tell you what kind of chances you actually have. It matters not one little bit that it is a different county or that she doesn't have a 'relationship' with the judge. The judge will look at you, a convicted felon, who has not paid his fine, pissed off his parole agent and at best treat as suspect anything you could say. The fact that you got off easy with the community service is because your paperwork 'got lost', a circumstance beyond your control. The reality is that you got very lucky indeed. I'm sure your agent's argument was that whether or not this paperwork was lost, you were aware of your obligation and should have taken whatever steps were necessary to see that you fulfilled your obligation. If that meant running a paper chase, then strap on your running shoes.

 

[dgeesler]

Reply to Illinois Parent

I didn't say I was on parole and I don't know if this makes a differenceor not, but I am on probation not parole.

As for the obligations, the fine and then any supervision fees through May 20, 2003. This is what I offered to pay in full and she won't allow it.

 

[fuzzbuster96]

excessive power

first of all, your po has to follow certain rules of conduct in dealing with clients. If you believe your po is unduly harassing you, you may file a complaint against your agent with his or her supervisor. Your agent cannot increase your supervision status or requirements simply because you took issue with him in court and won. This would be a violation of your constitutional rights.

second, if you really believe your po is trying to get your probation revoked, it would behoove you to file a harassment complaint against the agent BEFORE he makes the attempt to revoke you over something trivial - this may force the parole department to assign you a new agent and, if your current agent does move for revocation, it will cast doubt on his claims and raise the appearance of being in retalliation for your complaint, especially if the agents reason for moving for revocation IS trivial.

parole and probation agents only have the powers assigned to them by law, but if you choose to remain ignorant of the law and ALLOW them to take additional powers simply because you don't
want to "make waves", then they can and will become your master. Any increase in your supervision rules must be justified in writing. You have a right, under the wisconsin open records act, to review your probation files - use that right. If you don't, the agent can make any claim he wishes in your case files to justify your revocation, and you won't know anything about it until your sitting in jail, isolated from competent legal counsel, and too panicked to present your argument at the hearing.

spend some time at the law library in your local courthouse and read the Wisconsin Statutes.

 

[juliojulio]

If I were you I would march myself right down to the courthouse and pay that fine. If your probation is almost complete and you have not finished paying your fines you will more than likely get your probation extended or go to jail for not paying them. Your po can not decline a payment on your fines. But you can certainly pay them yourself at the courthouse just have your case # available.