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Do people on parole have civil rights opposed to civilians that are not?

I am on parole.. I have not violated in 1-1/2 years. Three months ago, my fiance and I went to an investigator to get her belongings back from a previous relationship. We were also discussing about a car sold for scrap with a lien against it with her name on it. He let her know that it was a civil matter-just let the judge know that she didn't give him permission to get rid of anything and two witnesses. He didn't know me at all. He never mentioned that I had a police report against me since May 2009. Three weeks after that, he's now a witness against me on behalf of my ex over of a $30 phone I bought and put on her contract. We lived together at the time. He's been trying to put me away for years using my past against me, and it's all over my ex. I could get violated over their bogus lies

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Attorney answers (3)

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Reputation Level 16
When you are on parole you inherently lose some civil rights, parole is a privilege given to individuals who should properly still be imprisoned, as a result it doesnt take much to get violated and they hold this over you for the entire length of the parole.

I would suggest you act preemptively, and when ever you have any issues with these people you let your parole officer know, as well as file any complaints that you can in the process... essentially creating a paper trail to prove what it is you are saying.

I would suggest to you that communication with your parole officer is the most important thing in such a situation and ensuring that parole knows absolutely everything is critical.
2 people marked this answer as good

Reputation Level 20
Fabricating evidence against a person violates the color of law statute, taking away the person's rights of due process. You need to contact an experienced civil rights lawyer in the jurisdiction in which the alleged violations occurred. The lawyer needs to have extensive experience litigating Title 42 section 1983 lawsuits against the government or its agencies.

You might read my Legal Guide "Can An Attorney Really Help?"

http://www.avvo.com/legal-guides/ugc/can-an-att...

You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

http://www.avvo.com/legal-guides/ugc/what-do-i-...

Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a LA lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
2 people marked this answer as good

Reputation Level 10
It appears you really have two questions here and I'll attempt to answer them.
Do you maintain your civil rights on probation/parole? Most parolees/probationers give up certain rights as part of the general requirements of probation. The idea that an officer can come to your house day or night and search for violations is a prime example. Every state is different in the limitations of these types of intrusions. Review the terms of your contract for probation/parole and it should state these rights you have traded in exchange for supervised probation.
Your second question is more about violating probation. People such as this private investigator can't violate your probation or send you to jail. Your probation officer is the only one who submit an affidavit of violation to the court. If that happens, you can admit the violation and enter some sort of agreed upon plea or you can deny the violation and proceed to a hearing. Violation of probation hearings are a mini trial but without the jury. The judge decides. The state must still present evidence and call witnesses. The state must prove that you INTENTIONALLY violated your probated by a proponderance of evidence (at least in FL & GA). A proponderance of evidence is less than beyond a reasonable doubt. Most people liken this standard of proof to 51 percent. Put your hands out in front of you side by side with your palms facing up. One palm represents the state and one palm represents the defense. If your hearing ends and both sides are even like your palms are, then the defense is the victor. But, if the state's hand moves up just slightly, then you lose and could face the remainder of your probation in prison.
You should probably try and speak with your probation/parole officer if you feel threatened by your exgirlfriend or this private investigator. Or you could consult the attorney who assisted you in the charge that landed you on parole/probation or you could consult another attorney. Good luck!
Disclaimer: I am licensed only in GA & FL. The information provided herein is only meant for educational purposes and in no way renders information legal advice.
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