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Can a parole officer tell to sit down a shut up?

Los Angeles, CA |

My pal had an appointment with his PO at 11 a.m. He was the on time but his PO never came out. So my pal kept going to the front desk to see when he would be out. He came to the front an hour later and told my pal to sit down and shut up. Another 2 hours later he finally came out. My pal has been having a lot of problems with this PO and his threats of arrest so he told him he is going to report him to the ACLU and any other civil right group. The parole office just kept telling him to be quite, shut up and stop talking.

Attorney Answers 4

Posted

A state parole officer has a lot of power in exercising his/her discretion over a parolee assigned to him/her. A convicted felony gives up lot of rights as a parolee under most state laws. Your friend should not cause any trouble with the person that is supervising him. He should comply with the rules and conditions of parole. Should the PO be polite and civil? Yes. Bite his tongue and try to get along. They are not equals under the criminal justice system.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

Your pal is in a very weak position, he should follow the PO's direction--the PO holds all the cards, your friend none. Your friend should consider apologizing to the PO--as tough as that might be to do..

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Posted

Yes, a parole officer to tell a parolee to sit down and shut up.

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Posted

Getting cross-wise with a P.O. for any reason, right or wrong, is a dubious and doomed strategy. Some would call it a failure of basic knowledge. That's an easy and obvious conclusion.

But consider this, too: your "friend" needs to develop the skill set of standing down when that is the wise strategy. Not every confrontation can be resolved by vindication. Your friend's P.O. knows that your friend has a critical need to learn the specific skill of not letting every clash and every confrontation blow up into a full-scale problem. Until there is evidence of that learning and the capability of using it, your friend's P.O. will have legitimate doubts about your friend. And that does not serve your pal.

So the real question is: Does friend have the ability to stop being his own worst enemy?

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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3 comments

Frank Mascagni III

Frank Mascagni III

Posted

Listen to the wise Ms. McCall. Almost any conflict between a probationer/parolee and his officer is resolved unfavorably to the defendant. I so enjoy your insights!

John M. Kaman

John M. Kaman

Posted

This answer is so right on; it parallels what I have been saying in these forums. Not every confrontation needs to result in vindication; sometimes discretion is the wiser choice. The only thing I would change is that it's not really a failure of knowledge; it's a failure of judgment which is what got the friend convicted in the first place.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

But . . . he disrespected me! ; )

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