Probation Revokation help/information

[tendeuce]

What is the name of your state (only U.S. law)? Oregon

My husband is a registered sex offender currently on probation his sentence was 2 counts of sex abuse in the 3rd degree, he received 15 days for each count, plus 5 years probation with a suspended sentence of 6 months for each count. He is coming up on 1 year of probation, and has been in compliance with every aspect of probation except the ability to pass his full disclosure polygraph, he has taken 4 in a year. Not to mention the 1200 dollars gone there alone, we have spent thousands of dollars in treatment, fines, fees, and seperate housing, he isn't allowed to have any contact with any minors including our children who are 4 and 2. Christmas is coming around and he was released christmas eve last year, so this will be the second christmas missed.

I know from these posts that there will be alot of ignorant and hateful comments, but that's fine, it's well worth it even if we get the smallest of helpful advice. He wants to revoke his probation as he is not on parole, not convicted of a felony, he believes if he revokes this and services his suspended sentence he can be back with us. However, I do not believe this to be entirely true since the laws are so strict as is. So what I would like to know is if it goes as he says with no additional probation even after he serves his suspended sentence, what other things can be enforced on him? Does DHS automatically be contacted? Through his treatment he is set as a low risk to reoffend, and his probation officer hardly pays attention to him because of his demeanor, success in treatment, and other aspects. Only thing holding us back is his polygraph passing, which I have yet to mention is not coming up deceptive, but inconclusive each and everytime. He has spent another 600 reviewing the tests with his therapists, he has spent at least 20 hours with me going over every aspect of his life. We can't not figure out what the hang up is other than his extreme stress and anxiety. Anyways I am rambling. The question has been asked, I thank you in advance for those who are truly wanting to be helpful to someone who is trying in every way to make up for his horrible decisions, and who is trying to get back to his family , who loves him so very much. Thank you.

 

[Zigner]

What is the name of your state (only U.S. law)? Oregon

My husband is a registered sex offender currently on probation his sentence was 2 counts of sex abuse in the 3rd degree, he received 15 days for each count, plus 5 years probation with a suspended sentence of 6 months for each count. He is coming up on 1 year of probation, and has been in compliance with every aspect of probation except the ability to pass his full disclosure polygraph, he has taken 4 in a year. Not to mention the 1200 dollars gone there alone, we have spent thousands of dollars in treatment, fines, fees, and seperate housing, he isn't allowed to have any contact with any minors including our children who are 4 and 2. Christmas is coming around and he was released christmas eve last year, so this will be the second christmas missed.

I know from these posts that there will be alot of ignorant and hateful comments, but that's fine, it's well worth it even if we get the smallest of helpful advice. He wants to revoke his probation as he is not on parole, not convicted of a felony, he believes if he revokes this and services his suspended sentence he can be back with us. However, I do not believe this to be entirely true since the laws are so strict as is. So what I would like to know is if it goes as he says with no additional probation even after he serves his suspended sentence, what other things can be enforced on him? Does DHS automatically be contacted? Through his treatment he is set as a low risk to reoffend, and his probation officer hardly pays attention to him because of his demeanor, success in treatment, and other aspects. Only thing holding us back is his polygraph passing, which I have yet to mention is not coming up deceptive, but inconclusive each and everytime. He has spent another 600 reviewing the tests with his therapists, he has spent at least 20 hours with me going over every aspect of his life. We can't not figure out what the hang up is other than his extreme stress and anxiety. Anyways I am rambling. The question has been asked, I thank you in advance for those who are truly wanting to be helpful to someone who is trying in every way to make up for his horrible decisions, and who is trying to get back to his family , who loves him so very much. Thank you.

So - before we go further, tell us exactly what child or other person he committed his crime against...

 

[tendeuce]

I am not sure how any of that is relevant to the questions asked. If it was his own children, or a family member, my question would then be ridiculous. But since you asked she was a 17 year old female friend of the families. I will not go into the details of everything because all that matters is what the facts are, or better put, what the law convicted him of. Regardless of the situation he made a very stupid decision, and now we have to look past this, and do what is best for our family, even if it means him going back to jail.

 

[BL]

My husband is a registered sex offender

Does that give you any indication at all of what the future holds ?

It will not matter if he does something to revoke his probation or not , he will still be and have to register .

The only thing he can hope for is to complete probation , keep doing what he is doing , and possibly have some supervised visits with his children .

If not , oh well .

The State will and are protecting children .

BTW , if he's feeding you all this , it's baloney and he knows it .

A con's a con .

If he's so uptight , he wouldn't think about going to jail in that environment .

 

[tendeuce]

Registering is the last, and least thing that we are worried about. He is non-violent, the lowest "risk" to reoffend, and non-predatory. The future will be just fine, if he committed the crime under ANY other circumstances, I would not be posting here looking for information, if he was ANY other type of man than he is, i would not be posting here for him. I will not get into meaningless banter about details, those who post negatively do not want to get to know us or our family, nor would have the mentality to see past a horrible decision in someone's life. A person who kills a family while driving drunk may one day drive again and one day drink again, after paying their dues. I am all for harsh sentencing against people who prey on children, or take advantage of the immaturity or confusion of a teenager, in fact I believe my husband should of gotten longer in jail or prison even without sexual intercourse, but he did not, but now he pays for his crime more so living on the outside than he did in jail. He would rather be forced by bars to be away from his family than live outside free in what he calls his own personal living hell. I will not respond any further to the negative comments or questions that have no bearing on the situation, just simply wait for someone who does care about justice, human rights, & human rehabilitation. I hope whoever that is reads this. Thank you.

 

[tendeuce]

P.S. Jail is a joke. A horrible horrible place to even think to call justice. It's a place for low end criminals to network, smuggle in drugs and tobacco and find out how to not get caught. Not one person cared they were there, the ones who did only did because they wanted out to do their drugs, the rest found ways to get on work crew so they could sneak in their illegal activities. That environment consists of poker tournaments for envelopes and paper, book reading, and 3 square meals a day, and all the sleep one could want with no additional responsibilities in life. It's sad and pathetic to think this is what criminals deserve. This is from my husband, he came out 15lbs heavier and was disgusted by what went on in the jail, or what they got away with rather. Guards would rather let things go then deal with more inmates and more paperwork. Sad.

 

[BL]

So what I would like to know is if it goes as he says with no additional probation even after he serves his suspended sentence, what other things can be enforced on him?

You got your answer

Does DHS automatically be contacted?

What a piece of work , trying to figure out any way to get around the law .

NEWS FLASH :

Jail is were law breakers go . Jail is for Lawbreakers that reach the threshold of being sentenced there .

Your rant doesn't matter here , and what you want in warm and fuzzy doesn't matter here .

Your husband put unwanted hands on a minor , where they didn't belong .

 

[quincy]

What I found interesting are research studies done in the last few years that show many offenders (sex offenders and others), when given a choice between prison and probation, will opt for prison.

One reason is because there are less demands made of them in prison. Probation often calls for regular treatment and regular testing and Probation Officer visits and other conditions. In addition, time outside prison can often be tougher for those on probation than for those who serve their full sentences and are then released back into the community. Although very little real rehabilitation can be said to occur in most prisons, people often think former inmates are "safer" to be around than those who are on probation for a crime.

At any rate, your husband may be wise to first look into the possibility of petitioning the court for an early release from probation, before he tries to have his probation revoked. With a probation revocation, he could wind up with a stricter probation, his original sentence or, and this is what your husband needs to be concerned with, the judge could order a different sentence than the one originally ordered, up to the maximum allowed for the crime committed. In other words, he may lose his "suspended sentence" and have to serve more time in jail.

I suggest your husband speak with an attorney about his options. Certainly the best for him would be if he could get an early release from probation. This, however, is the least likely to happen.

 

[OldandTired]

Just a few questions please.

Is the 6 months suspended on each count, (totaling 12 months in all), the total time for the offense?

Are you certain there is not 20 years imprisonment should he be revoked?

Is this Deferred Adjudication? (I ask this because Deferred usually carries a predetermined amount of time on probation, but should the probationer be revoked, the D.A. can then petition the Court to impose the full sentence, i.e; 20 years.)

 

[BL]

The poster is stating these were not felonies .

However 5 years probation , is usually a result of felony(s) .

But I suppose for two counts it could .

 

[OldandTired]

Derived from: Oregon Sex Crime Information | Rape, Sodomy, Sexual Abuse Felonies
Sexual Abuse III Class A Misdemeanor

―subjects another person to sexual contact and the person either:

* does not consent to sexual contact; or
* is incapable of consent by reason of being under 18 years of age.

So with that, if you and your husband believe that he can handle a year in jail (and you without him), that's a decision that has to be amongst yourselves.

Once he completes that term of confinement, he would be released from all future obligation to the Courts. His only obligation would be to maintain his registration.

Expect though, that the D.A. might seek to have his present classification of Non-Violent and Non-Predatory modified, since he would be choosing what could be viewed as the easy way out, and there would be no treatment program required to attend, and there would be no monitoring polygraphs.

Although he would be relieved of probation fee's, polygraph fee's etc, he will also be relieved of his freedom for a year. I guess it just depends on how much value a person puts on their freedom.

Remember, any time that he has accumulated on probation will not be counted towards the amount of time needed to serve confined. He will serve the entire time imposed by the sentencing standards for the crime committed.

 

[BL]

The poster wants her family back together .

Serving time does not guarantee that .

And if they think they can slip through the cracks of DHS for even a few days or weeks and he and she can get away with it , not going to happen .

 

[OldandTired]

If you really want to continue your life together as a family, your husband needs to show DHS that he has successfully completed the SOTP. The words coming from the counselor operating the program will weigh a lot more in convincing DHS that he's not a danger to the kids than just serving the time.

For as long as you believe that there "just has to be some way around this", you're only fooling yourself. It's better to work with them, than for them to see that one day you were trying to get around things. Once they learn that, you can forget about any future cooperation you might have had from them.

Once your husband became registered, life as you knew it stopped. It's a whole new deal now. Do yourself and your family a favor. Get used to it. Everything will work to your favor if you cooperate.

 

[tendeuce]

First off thank you for those who commented neutrally. It's hard to comment when people do not know the individualized case and/or the person dealing with it. The reason I have even posted is to educate myself and better understand what we need to do. We fully accepted treatment and any conditions imposed on for the sentence, for the comments that "we are trying to get around the law" is simply ignorant and untrue. We both believe in the system, and both want to continue with probation and treatment, especially since he has already served a year of the 5 years of probation, however a year without passing a polygraph was simply unexpected, thousands of dollars in polygraphs, therapy sessions, and lawyer consultations, along with the fact is he is unemployed, uninsured and now diagnosed as bi-polar, he suffers daily, and with the holidays coming up it's getting worse, now before people get irrate at that as well, it's nobody's fault but his that he has missed the days that he has, but there should be a clear line somewhere in the sand, but there isn't, just open ended. Getting around the law, definitely not. Trying to find a guaranteed time frame where we can reunite, raise our kids, and build a strong, healthy, and safe future, very much so our intentions. As for jail and freedom, this isn't freedom. What he does everyday is sit at a friends house, sleep on their couch, look for work, and when he does go in public he is paranoid to even have a minor come within 10 feet of him or even look his way, he refused to go to the grocery store without me, he does not want any chance of something like this happening again. Sometimes,, not very often, even though just as guilty as anyone else, sometimes they are still good people and can be good people for the rest of their lives, if you do not have kids of your own, you can't relate, if you do not have a relative or loved one as a sex offender you can't relate, your thought process just can't accept the thoughts and feelings that we deal with. As for jail, he stands by his opinion, they get smoke breaks, 3 meals a day, any book they want to read, drugs, caffiene, candy, cable, and not one of the inmates he spent time with even cared they were there. Probation is harder not because of the restrictions but because you have to live life again, yet you can't live life with the only people that matter. They restrict the only things that are healthy in their life, and then wonder why they reoffend and prefer to be in prison or jail. If I personally could not be with my kids and family, If I were told I can live where I want, do what I want, but you can't live with your husband, or contact your kids, not even a birthday card or present, they simply have to stop thinking you are even alive, well that's not living, and that is not freedom. Do child rapists, pedofiles, and violent offenders deserve the worse? Very much so. Does every sex offender require treatment? Very much so. Does every offender of all levels deserve to be denied their parental rights even with successful treatment & no further or prior crimes? Do they deserve to have their name, picture, address posted on the internet for all the nosy hypocritical christian's out there to judge, even when the bible says specifically not to? Guess that is up to your own paranoia and fears. Do our youth need to be protected, without question. There will always be sick fks out there doing things that create hate in our hearts, but they always will be a single percentage of us, how many of us burn the witches at the stake in the name of god and justice? I am not angry, nor do I really care what kind of responses are about to be made, ignorance is bliss is simply the best way to say all that is said. Enjoy your google and mc'donalds everyone.