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Where do we report an intake probation officer for writing a false report.

Pasadena, CA |

An intake probation officer wrote a false report that was used by a district attorney to keep a minor in custody. She altered her report to match the false police report even though the minor maintains his innocence.

Attorney Answers 5

Posted

You can speak to the police. That is the starting point. Did the probation officer know that the police report had been proven to be false?

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Posted

You can complain about a P O through the chain of administrative management of the probation officer's agency.

But if your complaint is simply based on contrary contentions by the probationer or by a person of some relationship or affinity to the probationer, complaining against the P O may be an ineffective strategy. A Deputy P O is not required to believe or act on the contentions of any specific individual in any investigation; there is nothing per se improper about subsequent reports by a PO or changes/clarifications to initial P O reports; and the alleged "falseness" of a police report depends entirely on the circumstances of its falsity. Lay-persons often conflate error, incompleteness of factual knowledge, and conflicts in the facts or statements of reporting persons with falsity. But these are in fact profoundly different concepts and they raise profoundly different legal and factual issues. Simply put, cops and P O's are not liars every time that they are wrong in their conclusions or reports anymore than anyone else is. Allegations of "false report" require evidence of intent and purposefulness -- a high standard for the complainant to meet in these circumstances.

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2 comments

Greg Thomas Hill

Greg Thomas Hill

Posted

Very well said.

Andrew Stephen Roberts

Andrew Stephen Roberts

Posted

Excellent

Posted

Ms. McCall has fully responded to your question. As Mr. Hill has stated , start with the layers of the probation office .

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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Posted

This happened on a case I was working on a few years ago. We resolved it by contacting the probation officer's supervisor. You might want to try that.

The response above is not intended as legal advice. This response is for educational purposes only. I have not met with you and I am not knowledgeable about the specific details of your case. Each case is unique and different. Therefore, it is highly recommended that you contact and meet with a licensed criminal defense attorney to discuss your specific circumstances. In addition, an attorney-client relationship is not created by virtue of this response.

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The minor needs to discuss this with his attorney.

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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