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.
Criminal Defense Attorney
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?
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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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
Employment / Labor Attorney
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.
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Criminal Defense Attorney
The minor needs to discuss this with his attorney.
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