Potential DA Fraud: PLEASE RESPOND :(

[xcosmicsoulx]

What is the name of your state? Tx

My fiance just got out of her supervised probation for retail theft, but she still has to contact
the District Attorney, which has supposedly only been contacting her by e-mail. It was my
understanding that the DA is supposed to tell the accused their name, and must contact
them through telephone calls - not be a taboo, ghost entity who just seems like a scare tactice brought on by the following person, considering the charges were dubbed as "a slap on the hand and supervised probation for a year." Consider the following:
Her cousin, which is her former appointed supervisor claims that the District Attorney
"owes him a favor," and that he can use that favor to have her put in jail, maybe even
prison, "if he feels like it." Here are the main points:

a) This cousin of hers mentally abuses her and is obsessed with her, keeping tabs on her
daily, on the hour. In addition, he still keeps his monitoring equipment in the house, which they both live in, constantly invading her privacy.

Q: Is it legal to have under-the-table consequences inforced by law from an owed favor?
(He only uses this because she disrespects him - he deserves it and so much worse.)
Q: Is it legal for him to continue monitoring her at home, invading her privacy with his equipment?
Q: Can she take legal action against him to have him debug her house?

b) The district attorney has never told her his/her name, never called her, never had him/her call, and has never actually met her (the accused) in person.

Q: Is it not the DA's duty to contact her by phone on a scheduled basis?
Q: Could the tale of the DA's influence end up being a scare tactic for manipulating her by her cousin?

Important detail I forgot to mention: This DA has failed consistently to show up at scheduled meetings that she only gets to know about through emails and through her cousin's word-of-mouth. She has NEVER met her DA in person or on the phone.

[seniorjudge]

Could you make your questions a tad more comprehensible and a little less rhetorical?

[xcosmicsoulx]

I found out that her punishment is underground, and she's lucky to not have had her case taken to court, which she would have been sentenced to jail for some time.
So, her sentence isn't enforced by the system per se, meaning that no matter what I want to know, I can't fix it or do anything to help it. I didn't mean to make the questions seem rhetorical. They are if, then-ish, but they are all present situations that directly influence her in very negative ways. I suppose my true questions are, not rhetorically speaking...

a) Can an underground sentence be influenced by a favor that would make it legal,
resulting in a greater, more severe punishment?

b) Does this man have to remove his behavior-monitoring mics and cams from his house if a tenant doesn't want it there?

[CavemanLawyer]

I am having an incredibly difficult time understanding what you are talking about. Once the person is placed on probation, or certainly after the person has been discharged from probation, the DA's office has absolutely nothing to do with that individual unless their probation is revoked. Probationers deal with their probation officers. The only time the DA's office ever contacts a defendant is to give them notice of settings, unless of course that defendant was representing themselves.

Is it possible that she agreed to pretrial diversion? This is an informal probation that, if she completes it, prevents the case from even being filed. It is basically just a contract. If she is not happy with the deal than she can ask to be removed from the program and the DA's office will file their case and proceed. Otherwise she must follow the rules that the DA's office imposed on her until the probation term expires. It is a voluntary agreement, and yes it is lawful.

[mb94]

I really don't know what "underground" means. Yes, it could be a pre-trial diversion program. Or, maybe, someone is lying to you or your girlfriend. I have to tell you, the whole story isn't really close to "reality" in that a DA would not be involved in this stuff unless it is a very small town. They are much too busy to personally supervise shoplifters. So, I'm not sure if you aren't explaining your situation well or is someone is lying to you.

Have your girlfriend call the DA's office and make a face to face appointment about her case. Don't tell the cousin about it. Make the appointment from a payphone if you are afraid about the cousin hearing about it. Ask the DA to help explain exactly what the terms of this "deal" is, and how long she is under it, and if/when she can move on.

As for your second question, it depends on a couple things. Is your girlfriend a paying tenant who is paying rent/has a lease with your cousin? Or is she just living with him? While she may have some rights to ask for him to remove the monitoring equipment under renters laws she doesn't have many rights if she is just living with him. But, honestly, if she is that miserable I don't know why she doesn't just move. The punishment for shoplifting isn't that bad (unless she has some huge criminal record) and would seem to be better than what she is currently going through.

[seniorjudge]

Originally Posted by xcosmicsoulx

I found out that her punishment is underground, and she's lucky to not have had her case taken to court, which she would have been sentenced to jail for some time.
So, her sentence isn't enforced by the system per se, meaning that no matter what I want to know, I can't fix it or do anything to help it. I didn't mean to make the questions seem rhetorical. They are if, then-ish, but they are all present situations that directly influence her in very negative ways. I suppose my true questions are, not rhetorically speaking...

a) Can an underground sentence be influenced by a favor that would make it legal,
resulting in a greater, more severe punishment?

b) Does this man have to remove his behavior-monitoring mics and cams from his house if a tenant doesn't want it there?

Your clarification has left me even more confused.

[SHORTY LONG]

A psychopath troll with mental deficiencie[s].

[seniorjudge]

Originally Posted by SHORTY LONG

A psychopath troll with mental deficiencie[s].

Ya think?

[SHORTY LONG]

Nope. Just an observation, for thinking gets me into trouble! LMAO.

And a TGIF to you your Honor.

[xcosmicsoulx]

That sounds exactly like what this is, or was, rather. I've known that the DA doesn't have the time to constantly monitor a petty shoplifter for over 1.5 years. Supposedly now, she can't hang out with anyone unless that person agrees to a background check, and if it checks good, then she can hang out with them. Oddly enough, her cousin says that she can't hang out at my place anymore unless I e-mail all my family's information (First, middle, last name, date of birth or ssn.) She went through her supervised probation, monitored by her cousin (allegedly appointed by the DA for convenience reasons), and as of March 19th, she has started her "regular probation," as she says. Yes, the purpose of the punishment is to avoid going on her file; she tells me so. Her cousin tries to make her believe that he can just summon the DA like an attack dog and hop the case on file or pull some killswitch to have her end up spending jailtime every other weekend. Sounds like a manipulative crock of Sh!t to me.