I need a Tucson or Phoenix lawyer who understands federal law and wrongful detention

Asked about 1 year ago - Tucson, AZ

I was on federal probation in Tucson and had my probation revoked. I was living in a two story transitional home with no exits or entrances other than the stairs. I'm a disable person who was not supposed use stairs because of artificial limb. This is in all medical records and FBOP medical records. I was told by PO that there was nothing else available except going back to prison. Numerous adverse things happened to me but the PO failed to do anything. I also made calls to her supervisor to no avail. I was exposed to second-hand cigarette smoke. I am asthmatic. The director of the transitional house illegally evicted me from the home. My last night there the director screamed at me that "you make me sick with your asthma" "I'm tired of you complaining about my cigarettes" "Get out".

Additional information

She told me to get my things out by the next day. I moved to a home that was down stairs, clean and accommodated my disability. Two weeks later I was revoked. I was taken to court in Tucson and the probation office lead the judge to believe that I was on probation in Texas but absconded to Tucson. It didn't make sense since my probation officer was in Tucson and the FBOP sent me back to Tucson since this is my home of record. There is much more to this issue but it is too long for this page. I need help This is malicious prosecution.

Attorney answers (1)

  1. Judy A Lutgring

    Contributor Level 8

    Answered . It sounds like the probation officer filed a petition accusing you of violating conditions of probation, and is seeking to have your probation revoked. It sounds like you have had your initial appearance in court where the accusations as to how you broke the rules of probation were presented to you. At that hearing, a lawyer is usually appointed to represent you (often, the same lawyer that originally represented you, but not always). When you were placed on probation, you should have been given a written copy of all of the rules that you were ordered to follow while on probation.
    It is unclear whether or not you have already had the hearing at which you either admitted that you violated some or all of the rules, or if you instead had a full-blown evidentiary hearing at which testimony was presented against you, and at which your lawyer presented your witnesses and also gave you the opportunity to testify in your own defense. You are asking for help, but you said that your probation was revoked. Maybe you simply mean that you are accused of violating the rules; maybe you mean that the judge found that you did violate some or all of the rules; it sounds like you have not yet been sentenced for violating the rules.
    The stage of the proceedings does matter for purposes of answering some of your issues.
    In order for the judge to punish you in any way for breaking the rules of probation, the judge must first determine whether or not you did violate: if you broke any rule of your probation, you can be found "in violation" only if you broke the rule voluntarily.
    For the sake of this analysis, let's assume that yes, indeed, you were placed in a transitional home that was unreasonably suited to your needs, and even that the conditions of the house were unsafe for you, or even downright illegal.
    Once you left that house (for your own safety and/or due to the director instructing you to leave) there was a two week period of time during which ---- what? I am guessing that the rules of probation would have required you to notify your p.o. almost. immediately of your change of residence. If you did not follow the rules to the letter during that time away from the transitional home, that is the area in which you are at risk of being found in violation with little in the way of defense. If there is some mistake or confusion about where you are on probation and where you were supposed to be supervised, that is a matter that can be figured out fairly easily by your defense lawyer based on the written documents about your placements.
    You do have an attorney appointed by the court, yes? Are you in custody? Is someone else writing this message on your behalf? If you are incarcerated while this gets worked out, remember, your communications are being monitored and you should not be talking or writing about your case with anyone but your lawyer.
    If you do not have a lawyer representing you, the phone number for the federal public defender in Tucson is 520 879 7500. Speak to the "duty attorney" and tell them you have somehow slipped through the cracks and need an attorney appointed to represent you. They will probably assist with that.
    I think you are talking about four separate (though overlapping) issues. First, whether or not you willfully committed a violation of at least one of the rules of probation, and are at risk of being sent back to prison for it. Second, whether or not your civil rights were violated and, if so, whether there is sufficient proof and damage to file any kind of a suit. Third, whether or not probation, FBOP, or the home committed wrongs or policy violations for which someone should be investigated and punished and, further, to correct those wrongs for the future. Fourth, whether you INVOLUNTARILY broke rules of probation due to those conditions, which means you have a defense. Issues one and four need to be handled by your defense lawyer first.

    A true attorney/client relationship has not been established by your question(s) and my response(s). Your... more

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