How do I go about filing a lawsuit against him. He arrested for absconding even though I checked in every month. There's is more detail that I can explain at time time but I found out that he had no right to put me in a live in program only an out patient program. But even then I never gave him a dirty test or anything. I was speaking to the PD and she asked why there was nothing in my file showing I was working, in school and completed a program. He never put anything good in my files so it looks bad. He slanders my name to my family and friends saying I'm on drugs, which I am not. He tells them I'm dangerous and my kids don't need to be around me. They try to defend me but he is "always right" and he says they're lying for me. This is a new PO who doesn't know me Any advice please.
Family Law Attorney
This is a difficult issue. If you absolutely cannot turn this P.O. to be on your side, then you should first consider going to his supervisor to better explain the situation. If that does not work, you may need court intervention. I handled a similar case in the federal system. In that case, the P.O. restricted my client's occupation where the sentencing judge had not and there was no new intervening reason to do so. I had to appeal to the U.S. Court of Appeals to get relief, which we did. Feel free to look up our website and the case listed in my Avvo profile.
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
Criminal Defense Attorney
Unfortunately, this is a recurring problem with parolees and their parole officers. Your parole officer essentially runs your life and that puts you in a tough spot. They know a violation can send you back to the joint and it makes no difference to them if you go back. I think many parole officers should not be parole officers, although in their defense they deal with a good deal of uncooperative and difficult parolees. I would certainly contact his supervisor and see if that gets you anywhere. Filing a lawsuit will probably get you nowhere since parole officers have a large amount of discretion in how they handle their parolees. The United States Supreme Court has compared parole to imprisonment and said parolees have less rights than probationers. Just keep doing the best you can and don't give your parole officer a reason to violate you.
Criminal Defense Attorney
I take it you have seen your case record then? The agent has an obligation to give you a score so they know how to classify your supervision and rehabilitation needs. (For example, sex offenders are given very smothering supervision and have a "high risk' classification.) Agents have to collect information about the parolee periodically so they can make the proper determination about the parolee's case plan and supervision needs. If the agent has mentioned nothing about education, employment and program completion, he isn't doing his job.
When you talk to the supervisor ask what your supervision level is and ask to see your case plan. Tell the supervisor that you think he has omitted this other important information and seems to be focused on drugs, for which he has no basis other than [perhaps] stereotypes and personal dislike.
The bottom line is that he has to put all your present biographical information in your file in order to update your case plan and classification. If he hasn't done that, he isn't doing his job and his supervisor should know about it. Understand that it is unlikely that you'll get a big "I'm sorry" from the supervisor and they will never admit that they're falling down on the job - you will not get that satisfaction. But you may see a change in the way you're supervised and what your case record reflects.