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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

  1. 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?

  2. 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.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal 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 joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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


  4. 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.

  5. 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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