Member Submission – Jacksonville
The following was submitted by a member in Jacksonville.
We strongly suggest the members there (in Duval County) get together, organize a plan to challenge some of the ordinances unique to your county. Between the following and the Halloween ordinance, you should be mobilizing.
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Here is a story for you that I hope you guys can get attention drawn to. It actually involves me and my roommates here in Jacksonville.
We live in a ministry house that has been in operation at the same address for almost 5 years now. This address was approved for all of us who are RSOs living there by our classification officers, probation officers, and even Jax Sherrifs office. I have been living there for 3 years now. And our landlord is one of the few people that actually have a heart and want to help RSOs.
I went for my 6 month registration on 12/14 and had no problems whatsoever. We had two new guys move in over the weekend and one of them went to register and was told that they could not live at that address because it was too close to a park and that he had until Jan 1 to move somewhere else! And then that flagged the sheriff’s office to contact every RSO that was living at our house and they told us that we were all in violation of the 1000 ft ordinance from a park and we had until Jan 1 to move out or be subject to arrest!!
Mind you this “park” is nothing more than a picnic table under an open gazebo that hosts more drug deals and tricks than it does kids playing. There isn’t even any playground equipment!! It’s just a “park” in name. It doesn’t even register on Google maps. And why then, did DOC, probation, and even Jax Sheriff’s Office approve all of us living there for several years now, and just now it’s suddenly a problem?
When we asked the detective that, they told us it got raised because someone called and made a complaint and they investigated it. Again, mind you, there hasn’t been any issue with any of us at this house in the entire 3 years that I’ve been there. Only one person got violated because he failed a drug test and got a DUI. Other than that, we all work several jobs and do what we can to survive. We follow all the rules and yet we still get screwed–and right here at Christmas!
So, my landlord and all of us at the house have retained a lawyer and are fighting this. But it’s just another example of how these idiots can just do what they want and make their own decisions and judgments based on something as simple as a phone call. And how in the world do they expect any of us to find a place to live in 10 days at the peak of the Christmas and New Year season?? Bah humbug everyone! **Please feel free to share this on the website and with anyone else that you want.
HR: sorry for the wording ment ex-so.
And here’s an audio file for the oral arguments of that Illinois case. I would suggest your lawyer listen to this. Florida lawyers do not have much experience with this area of the law and have a horrible track record. Be bold He works for you!
http://multimedia.illinois.gov/court/AppellateCourt/Audio/2016/3rd/101916_3-14-0627.mp3
Parole/probation officers are basically failed or wannabe cops with a God complex playing on the fear of re-imprisonment of those they supervise. They frequently overstep their authority, and often don’t even know how much or what kind of authority they actually have. 99 times out of 100, when they use the words “the law says” it is followed by an outright lie or egregious misrepresentation. Challenge them. If they claim you’re violating a law, demand they show you the law, especially the ridiculous ones.
Last year, my PO told me he could violate me for having Youtube video shortcuts on my phone because it could be considered pornography. I dared him to violate me, then. He immediately backed off, claiming it wasn’t him, but other POs and maybe judges. That’s fine. I want that PO or judge to explain on the record how Youtube is pornography. That session ended a little tense, but otherwise uneventful.
The following Sunday, I was “arrested” (reason for quotes explained below) for probation violation. I waited in the holding cell for a couple hours waiting for paperwork when a guard told me I had a professional visit – my PO. I refused. After a brief debate about whether or not I had the right to refuse a visitor, I stopped arguing and went to the professional visitor room, about 20 feet away.
After he opened the door, I stopped in the doorway and said, direct quote, “Anything you and I have to discuss will be at the hearing. Not before. This visit is over.” I went back to the holding cell and closed the door. About half an hour later, the same guard brought a packet and and told me the PO said if I just sign them I would be released. Again, I refused.
Oddly enough, I was released an hour later anyway. I asked where all the booking discharge paperwork that I was supposed to sign were and was told they didn’t start any. I told them to start it now and they claimed they couldn’t since the arresting officer (my PO) left. That’s why I put “arrest” in quotes above.
Funny also how the PO was at the end of the block when I started walking back to my hotel room and offered a ride. I just gave him a dirty look and curt no thank you.
The SO treatment provider asked, as always, if there were any issues and I said only that the PO and I certainly had an issue that weekend, but I wasn’t going to get into it – discuss it with him and we’ll talk about it next week. When she pressed it the following week I insisted that his story should be the platform for that discussion. Eventually, she said the PO didn’t know what I was talking about.
The PO was all sweetness and light at my next check in, asking how I was and telling me to let him know if he can help with anything and the whole affair hasn’t been mentioned since. I made a point of documenting everything, but the only potential proof of the “arrest” would be the jail guard, who I’m sure has developed a case of selective memory.
Apologies for being long-winded, but I think it’s necessary to convince RCs to start standing up for themselves. Nothing will change if we keep rolling over for this idiocy.
Very interesting course of events. You are correct. I, too, believe that most PO’s have no clue as to what is legal or not legal. If it fits their scenario then it’s OK. My PO thinks that the US Constitution’s position on civil rights does not apply in Brevard County Florida and that county ordinances…Brevard County Ordinance 2006-31… has priority over the Constitution.
I also agree with you !! I had a P.O. that was violating me Right and Left !! Flat out LIED about EVERY Violation !!. Finally I bought me a Security System and a COUPLE recording devices that I used EVERY TIME I had contact with my P.O. INCLUDING my monthly Office visits !!!!. Things changed once I did that AND informed her IN WRITING that ANYTHING she wanted me to do would have to be summited IN WRITING and have the Statue included.. I was violated 7 TIMES within the first 2 years !!! Until I started recording EVERYTHING !! Then , FINALLY after Repeated requests, I was given another P.O. !! And never had another issue at all !!!!!. But my first P.O managed to get me CONVICTED !! I was “Adjudication WITHHELD”, But somehow I’m now Convicted !! And I BEAT EVERY VIOLATION charge !!. So, YES , CHALLENGE EVERYTHING AND RECORD EVERYTHING, VIDEO EVERYTHING !!!! Because it’s the Job of a P.O. to VIOLATE YOU and put you in PRISON !!!. Not to help you !!!
Looks like they won over this in Illinois. https://www.courthousenews.com/illinois-court-strikes-sex-offender-park-ban/