Member Submission: When Probation imposes their own rules.
XXXXX is a registered citizen and was told by his probation officer that if he wanted to own a business in his name, that his probation office would notify all of his clients that he was on the registry, and that XXXXX would be required to provide a weekly itinerary to probation.
Knowing that this wasn’t in his probation orders, XXXXX filed a motion to clarify with the 6th Circuit Court, Citrus County, and had a hearing in December.
At the hearing, the Judge ordered probation to have no contact with XXXXX’s clients, and XXXXX now has a business in his own name.
Furthermore, a friend of XXXXX’s, who is also a business owner, and a registered citizen, was told by the same probation office that probation would also notify all of his clients of his registration status. XXXXX’s friend filed a motion to modify probation in Pasco County last week and the Judge agreed that probation was not allowed to contact clients.
XXXXX just wanted to get this information out there, as probation officers across the state are likely telling registered citizens across the state of this incorrect information, and thus, limiting their ability to own businesses.
Thank you for taking the time to read this and for fighting for those who can’t.
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You did a successful job, nice content was prepared and shared publicly. Thank you very much for your effort and sharing.
Does anyone know an attorney that can help with this problem in Polk county? So far here it’s make your own rules and steal liberties!
If you have an issue with probation in your criminal case, the attorney who represented you.
If you need a private attorney referral for post conviction relief, reach out to [email protected] for a referral or check the listings on our site (https://floridaactioncommittee.org/attorneys/criminal-attorneys/)
There is one attorney in Bartow, Mr. Ron Toward who might take a case.
Also Ms. Brenda Ramirez of the Kaylor Law Group.
Right now because of the virus I am not sure if they are in their offices.
Have you contact James ” Rusty ” Franklin ?
Happy Monday To All…
Remember, A Probation Officer is Compensated by the State or Jurisdiction in which they reside….They Do Not produce Revenue…They take tax payer dollars away from everyone else…they are bureaucrats that sit in laps of luxury…they do NOT contribute to the GNP…there are like SOWS…which are usually used to make Sausage..HA!
Can someone please share some case law on this we can use on motions and grievances. Is this ex post facto double jeopardy delegation or what. Thanks
Does anyone know if this has been ruled on in the 10th circuit yet I need the case ASAP.
Id like to see a probation officer step out of absolute immunity and contact clients against policy of one of my legal corporations and loose business, they would be sued and personally sued. Not only would you be set at an economical loss so would your employees and a partner if you had one. The judge in this case made the right decision. It is a no brainer!
JLL,
……Only Judges have ABSOLUTE IMMUNITY…Law Enforcement Officials that took an oath of office have what is known as, QUALIFIED IMMUNITY…In order to sue a Law Enforcement Official in Civil Court, you need to ‘find’ a judge that will remove the Qualified Immunity from that Law Enforcement Official, such as a Probation Officer in this case…that is like finding a ‘Needle in a Haystack’…it has been done BUT is very cumbersome!