kmwrestle
Senior Member
- Joined
- Nov 12, 2006
- Messages
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Heres my story, please don't pass judgement i just want some legal advice.
Here is the story in cliff note form.
Nov 2005 - sentenced to 5 years of probation by the state of NY. I had moved back to MASS so my supervision was transferred to Mass
I had one probation officer for a year, no problems
I had another probation officer for a year no problems
May 2008, i was assigned a new PO, my 3rd. She was a total hard ass. My previous 2 PO's were totally cool, come in every couple months drop off a paystub and leave. I had passed a bunch of random urine screens so i was taken off by my previous PO, since my crime was not drug related. She put me back on it. She wanted to visit me at my place of employment, With my prev PO i was going every 6 months she called me on July 30th at like 4:00 and said if i didn't report the next day she was going "to pull rank" and that i was supposed to be going every 2 months (news to me). Pretty much threatened my arrest if i ddint go
July 31st - Gives me a hard time about a DNA Test i was supposed to have done(which i did in front of my prev PO, but i late found out was miss-comunication with NY...turns out the judge on my case wanted the DNA done in NY by a NY PO.
She then notices that I haven't been paying a supervision fee of 60.00 a month. Well i haven't paid it because noone has ever asked me for it. This is the first time i have ever heard of this and i have been on probation for almost 3 years. She says i owe 3 yrs worth of past fees totalling close to 3000.00
Aug 8 - I drive to NY and have DNA test done
Aug 15 - get call from NY PO says judge terminated my probation early, tells me to call po and tell her im off and dont have to report anymore
week later - call my MASS PO she says she hasnt recieved anything and that i should try to get proof and bring it to her sept 11 when i was supposed to come in
Sept 10 - call NY PO, he said he cant fax it to me but will send it to MA PO
Sept 11 - report to PO , she hadnt recieved it so i had her call NY PO, he explains that the proabtion was terminated. She tells him i owe 2000 he doesnt seem to care. SHe then says that im still on proabtion and will continue to have to report monthly until i pay the 2000.00 i explain i dont have that money lying around. She pretty much said "if you don't pay the 2000 i am going to petition to have the probation reinstated with the interstate office blah blah blah" She then makes me take a drug screen and says i will have to do those as well , it was almost like she was trying to make my life miserable with that.
Is this legal? I was on probation in NY, MA was just the supervision. I was never told about the 60.00 a month, but they claim i was. It was not listed in the terms of probation i signed from NY. What are my rights if any? Or is this her "pulling rank" and getting away with it and i have no choice but to pay the 2000. She went to her supervisor and told him the story and he said i have to pay and that he told about it back in 05. (he was my origional PO) However if i was that behind on the payments woudlnt i have gotten a bad evaluation in early 08 that was sent to NY. Wouldnt they of come after me before 3 yrs later.
Here is the story in cliff note form.
Nov 2005 - sentenced to 5 years of probation by the state of NY. I had moved back to MASS so my supervision was transferred to Mass
I had one probation officer for a year, no problems
I had another probation officer for a year no problems
May 2008, i was assigned a new PO, my 3rd. She was a total hard ass. My previous 2 PO's were totally cool, come in every couple months drop off a paystub and leave. I had passed a bunch of random urine screens so i was taken off by my previous PO, since my crime was not drug related. She put me back on it. She wanted to visit me at my place of employment, With my prev PO i was going every 6 months she called me on July 30th at like 4:00 and said if i didn't report the next day she was going "to pull rank" and that i was supposed to be going every 2 months (news to me). Pretty much threatened my arrest if i ddint go
July 31st - Gives me a hard time about a DNA Test i was supposed to have done(which i did in front of my prev PO, but i late found out was miss-comunication with NY...turns out the judge on my case wanted the DNA done in NY by a NY PO.
She then notices that I haven't been paying a supervision fee of 60.00 a month. Well i haven't paid it because noone has ever asked me for it. This is the first time i have ever heard of this and i have been on probation for almost 3 years. She says i owe 3 yrs worth of past fees totalling close to 3000.00
Aug 8 - I drive to NY and have DNA test done
Aug 15 - get call from NY PO says judge terminated my probation early, tells me to call po and tell her im off and dont have to report anymore
week later - call my MASS PO she says she hasnt recieved anything and that i should try to get proof and bring it to her sept 11 when i was supposed to come in
Sept 10 - call NY PO, he said he cant fax it to me but will send it to MA PO
Sept 11 - report to PO , she hadnt recieved it so i had her call NY PO, he explains that the proabtion was terminated. She tells him i owe 2000 he doesnt seem to care. SHe then says that im still on proabtion and will continue to have to report monthly until i pay the 2000.00 i explain i dont have that money lying around. She pretty much said "if you don't pay the 2000 i am going to petition to have the probation reinstated with the interstate office blah blah blah" She then makes me take a drug screen and says i will have to do those as well , it was almost like she was trying to make my life miserable with that.
Is this legal? I was on probation in NY, MA was just the supervision. I was never told about the 60.00 a month, but they claim i was. It was not listed in the terms of probation i signed from NY. What are my rights if any? Or is this her "pulling rank" and getting away with it and i have no choice but to pay the 2000. She went to her supervisor and told him the story and he said i have to pay and that he told about it back in 05. (he was my origional PO) However if i was that behind on the payments woudlnt i have gotten a bad evaluation in early 08 that was sent to NY. Wouldnt they of come after me before 3 yrs later.
