Member Submission: Survival Tips and Successes
Living on the registry is punitive enough, but when you are also on sex offense probation, life is even worse. Besides the ankle monitor and the strict liability laws that go with it, everyone agrees that SO probation is far worse than any other type of probation, including that for released murderers. We have a member that would like to share with our other members some survival tips and success stories he has experienced while currently being on probation.
We encourage other members, whether a person forced to be on the registry or a family member or a friend, to submit your survival tips or success stories while on the registry in hopes that there might be an individual(s) who could profit from hearing about your experiences. You can send these submissions to [email protected]. Your name will not be used.
The following is an FAC member’s submission:
Yes, probation stinks but:
Anyone currently on probation or who has been on probation in the past knows how ridiculous the conditions are. The conditions have evolved over the years and frankly in some cases are very difficult for some probationers to comply with whether they want to or not. But for their sake, in this message, I would like to concentrate on the things that I found have helped me to more positively work with probation and benefit from my efforts.
I completed my parenting class, anger management class, drug and alcohol, and financial class while I was incarcerated. By doing so, I reduced my commitments when I got home allowing me to concentrate on other things.
In the first 10 months of being on 10 years of SO probation I completed my community service, found a way to pay off my court expenses and complete the court ordered SO therapy.
I made my mind up the day I was sentenced and the judge read the conditions of my probation in the courtroom that I was not going to let my probation get in my way of renewing my life and my life with my family and friends.
I don’t tell you what I accomplished while I was away and since I’ve been home for any other reason but to share with you how it helped me. I filed two motions last year. One being for rights to be around kids and the other to access the internet. Having all the certificates I earned in prison plus the things I’ve accomplished at home, I earned the respect of my PO and others in the system that allowed my two motions to be awarded without objection in 8 months of being home. Having my probation modified helped make a bad situation a little bit better.
It’s the effort of doing what is required of us, like it or not, that the PO and others including judges look for to see how we are progressing at home. When you go before a judge for probation modifications, the judge wants to see something positive. They see negative every day. They also want to see support for you from your PO. I have encouraged others in my SO group therapy to do the work, complete the course and earn some positive accomplishments for themselves and to let their PO know they are serious about successfully completing their probation. Maybe even file to have it terminate early. Most importantly, eliminate something they really don’t like doing like paying $20 a week attending group therapy. It would be easy to say that I don’t care what the court or the PO think about me but in reality I do because for now they control a part of my life
If you have a loved one still serving time, encourage them to take every certification program they can while inside. Bring those certificates home with them. When they get home, have them get to work and complete as much of their requirements and get them behind them. Getting the conditions done is a feeling of accomplishment and lets everyone know that we will not let probation completely rule our lives. Sure, I have ups and downs still being on probation. A visit with my nephews or nieces and being able to type this email helps bring me back up.
Make the choice to make the best of a bad thing.
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I’m hesitant to critique the hard work of our volunteers, but I feel FAC is doing a disservice in its introduction to this Member Submission.
Someone who for the first time is realizing that they have committed, say, a Federal sex crime on the computer, should not be misled by FAC into assuming that they will be serving something called “sex offender probation” that includes “an ankle monitor.” Nor should FAC be asserting, without examination, that the experience will be worse than that of “released murderers.” FAC has not examined the paperwork of a murderer who’s been released, which is somewhat rare in any case (most sex offenders, unlike murderers, are eventually released to the community).
Why is this important? Because the inherent strength of FAC, and this movement in general, is that we have the facts on our side. They have the law on their side; we have the facts in ours, and that is how we challenge the law. But if FAC surrenders its grasp on the facts, and portrays its own speculation as fact, what remaining strength do we have left?
I disagree that this topic is a disservice. Sex offenders in Florida do indeed automatically have numerous restrictions that others on regular probation do not. Educate yourself on these laws before you criticize people trying to help each other survive this injustice.
Don’t put words in my mouth. I never said the topic was a disservice. Do you even read past the first paragraph?
Comments apply to state probation. Thank you for pointing out that federal is often different.
The comments were made by a defense attorney with years of litigation dealing with people on the registry.
When discussing probation, we MUST specify ‘state’ probation if that’s all we mean. Big distinction!
I finished my probation in 2014 I done 4 years in state prison and 5 years paper. At first I had a turd for a probation officer. Her violation rate was 83percent. Violated twice on technical violations of supposedly not being truthful which was her saying she didn’t believe me . The questions she asked were nothing to do with my probation rules. So I told her what she could do with her questions. Of course I went to jail twice but the last time I got a different PO . Had no problems with the second officer. I thank the judge for seeing the BS of the first officer and making sure I got a different officer. The last one came to my house on the last day of probation and took off the monitor for me. So no I don’t recommend battling it out like I did but I got a better PO and successfully finished it all
I was on probation in Polk County, FL. I actually had a decent probation officer, but, I also made sure I did everything I could to show him that I was not a danger, and wanted everything to go smoothly.
Long story short, before I hit my halfway mark I informed him I was getting a lawyer and going to try for early termination if probation. He didn’t have a problem with it.
That being said, just over a week ago, the judge granted early termination of my probation.
I don’t know if I am allowed to put it here, but the lawyer was Mr Quisenberry from the Fernandez Law group in Orlando. Walked me through everything I needed to do. And gave me straight up answers for the questions I had.
There’s no such thing as “a four page list of additional SO probation conditions” issues by the Federal Southern District of Florida, Middle District of Florida, or Northern District of Florida, which together supervise hundreds, perhaps thousands, of RSOs. To suggest that the law prohibits being at fairgrounds, when it hasn’t been prohibited by a federal court, PO, or county ordinance, is not the best legal advice.
What WOULD be good advice, would be to read your own conditions, have your PO explain them to you and answer any questions, and live life as the law and your conditions allow. Your conditions are not my conditions, and vice versa.
I don’t know about y’all, but I don’t thing group therapy is very helpful; private sessions don’t air your info to others. Polygraphs only detect changes, not actual lies. If one daydreams they’re in a place and believe they’re physically there, then that becomes the “truth.” I also wonder about people with anxiety problems and how many “lies” the polygraph registers; do sociopaths ace them?
The option to release one from probation early should be within a PO’s power and not reliant on the DA. Why bother with a chain of custody if he/she is just going to micromanage all of the offender supervision (jail, prison, parole/probation, etc)?
In NC, it was recommended that I take the SOAR (Sex Offender Accountability and Rehabilitation) program in prison; this was apparently some stuff my lawyer had heard about (or been pressured to push to the judge). However, as it was only a recommendation, as was Work Release, I didn’t HAVE to take it. I found out that only a few people got selected to go once a year and, more importantly, it wouldn’t have helped me the first lick, not as far as “making my levels” and be extremely lucky to do work release, nor treating the problem that got me in prison/the SOR, nor in the probation department throwing me a side of “give a damn.”
I learned in prison that my “risk level” would never go below a certain point; unrepentant murderers were given lower “risk levels.” This is apparently the same for my probation; I was sat down and told that I’d never get to just call in my status. While the frequent flyer druggies and thieves got to call in their status while cruising to another state, I’d need special permission to leave, would have to notify anytime I left the county, would have to come in the office every month, and my PO would stop by and see me a second time. Oh, and still take a drug test, despite never failing one or having a substance problem. The state decided that those with sex offenses are still too risky.
The polygraph should be removed from use in all facets of the criminal “justice” system. If it’s results are not admissible in course, then why is its use still permitted for those still “on paper” ??
Not everyone on here was sentenced to probation or parole in Florida and unless they state that stop with accusations of violation. If you weren’t there at sentencing than you have no idea what the judge’s order was, so stop assuming with false pretenses.
He said he was on probation. I am not assuming anything. They are mandatory conditions of SO probation. In addition to normal probation conditions there is about a four page list of additional SO probation conditions including curfews, internet usage, minor contact, pornography and as well as the normal SO restrictions not related to probation. Most are legislative statutes that cannot be overridden even by a judge.
If he had an attorney he would have been told that wasting money on a hearing to remove his ankle bracelet was a non starter. The president of the United states or the governor could not remove that unless he was granted a full pardon, and I would not hold my breath for that.
Certain statutes like no contact with minors, being near places where minors congregate, and internet usage can be modified only with a successful risk assessment and judges order of modification. supervised contact, and limited monitoring of internet usage, are possible but only after risk assessments, as they are standard SO probations violations.
Having coffee and conversing about your PO’s family life is against all policy rules for Probation Officers, and at the very least would be grounds for demotion and a write up, and severe admonition to the probationer.
I am trying to keep others from following his suggestions of going to fairs and places where children congregate and asking you probation officer about their personal life, etc from getting a violation and being sent back to prison for these violations.