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  1. #1

    Default Remedies for False Accusations of a Parole Violation

    Sorry so long. (maybe not) - little messy too, bear with me...

    dv charge (bogus to begin with), PD report 99% her story, 1% my statement in which cop writes (100%) false statement and testifies to it @ an R.O. hearing. (1st time ever in this situation, or I never would have said a word) - of course my statements come before he reads me my rights... 18mo's / DVIC / ass4. (all B.S.)

    17mo's later, I'm arrested again at my own home AFTER been given authority to be there as long as I want in the first place (daytime with no hourly limitation) -- sunup to sundown as far as I'm concerned... So I start working from my home again 7 days a week. -- I'm arrested in the afternoon, I working at home... dumba$ probation officer says he get's an email from (wife) saying things like, "can't you completely drop the no contact"... etc. etc... and that "I'm basically staying at home now anyway"... So after reading the latter, comes out to the house, arrests me and I wait in jail on a hold until hearing. (7 days).. Looks around my house at computers that are supposed to be there and looking through my own closet, in my own house, at clothes that are supposed to be there like it's evidence (says my wife)

    @ hearing, cowboy PO thinks he has the case locked up... Nope... Not this time... I ain't taking this crap again... (from jail) I go against every order PO gives me after booking me and I give my attorney access to my online email (I specifically set up for the duration of my probation). She is able to view the authorization from the PO... And after all the testimony (about 30 minutes), judge finds no PV and tells me to finish the probation for 30 days and I'm off paper...

    Idiot puts full (no contact) back on between wife and I for the last 30 days for absolutely no reason... My lawyer tells me he's pissed and not happy about hearing... What's 30 days, I say at meeting with PO after being released. He want's to ask questions about me being at my own house and what I did from jail... I decline, I'm not talking. -- He wants me to continue DVIC after probation expires, I say no... Probation over = DVIC over. (DVIC is a massive political fraud)

    So I'm 10 days out of work at this point and trying to recover business computers that were at home... I receive them and they're destroyed... Boards / processors and most of all, all hard disks (both working drives AND redundant backup drives) 10+ years of data on them worth at least 1.5m... The circuits are fried and unrecoverable due to head crashes on the platters... I could not afford to send them to a lab... (6k total) on a 'possible' recovery... I have to start over from square 1 as if the previous 10 years never existed... (and I've yet to 'really' recover)

    I'm out of work more than 30 days now, probation expires, I go home @ 12:01 midnight... Ask wife about email and computers... She tells me, her mother sent the email from an online email account, and that there was a power surge on the second day of my second bogus stint in the little house... Which seems I can verify because other electronics are damaged in the house.. Phones were out and the FIOS box in the garage fried, smoking... She had verizon come out to replace and they said the box fried because they didn't have it grounded correctly...

    Business is ruined, customer relations strained and I need some opinions on possible recourse against in-law or PO or other?...

    30 days after being home and my probation over I filed a 4 page formal complaint with the city mayor and police chief... They were going to do an investigation but I specifically told them in the complaint, I will never talk to another officer for any reason, I've said what I have to say... Do with it what they wish... I didn't talk to the chief (on the phone, he called me) with-in 10 days of the notice to investigate so the investigation was not taken up... (another question is if I can file a formal complaint on the chief for not doing the investigation beings he wasn't going to hear anything new (on the phone) that I hadn't already written... where I told them of their errors, lack of crime, slander, misconduct.

    Another thing is about 2 months ago or so, I'm followed into a strip mall by an officer, he's following my wife and I (watching us - he's following right with us walking, looking at me as if he's itching to approach me), he rolls around the parking lot then obviously makes the decision to approach me... He backs up, pulls into a loading-zone space in front of the store... He starts saying, "wait", "sir", mr. (something)... I turn around. I am almost inside the store. He motions to me, I step back outside and he asks me if I am (name).. I say no, he asks me if I have ID... I wip out my DL, he says "oh, cool" (which was sort of odd)... Looks at it, then back up at me with a puzzled look and says "Hmm, okay, sorry about that"...

    I identify the officer as the 3rd party in my house in the original DV claim... I call him out in the formal complaint (along with the other two officers whom the complaint was largely about) - as the only officer who believed my statements of no crime and the conditions in the neighborhood at that time which I know, he knew, fit my stories... (drugs etc.) I filed the complaint using specific words and situations but did not name any names.. I figure all they have to do is look at my file and fill in the blanks. It would have been easy and absolute. -- I know the PD knew of my story (with names named) Another officer (an elder in my church) was a sgt. on the force... I talked to him briefly off the record and other elders in much greater detail of my case... So I know they knew the real story...

    Here's the interesting part... The name he was looking for (the name he called out to me) is the same name I heard (as an alias) in a deposition I gave on a homeowners insurance claim in which both my wife and I made separate claims to the insurance company on different days while my house was vacant for about 60 days after my initial arrest... I'm wasn't allowed to be at my house and my wife was wisked away accross the country by some DV "home free" program in which no crime was committed in the first place... (please save the "why were you arrested then", garbage)... Wife didn't like what they were doing to her...

    So the bottom line in this tidbit is I've never gone by any alias other than my first and last name.... More than coincidence IMO with this alias reference and then the officer calling me out by that name, and asking me for ID...?

    My case is so darn fishy I want answers at any cost and am having trouble finding a lawyer to even talk to me long enough to get the clear picture... Lawyers I have talked to start to get the picture and say I may have something... I just can't come up with the hourly charges at this point for consultations resulting in "maybe's"... ?Any suggestions?... How do some people find lawyers to take cases like sueing P-ditty for 1 trillion dollars, or sueing taco bell for their beef anyway?

  2. #2
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    Default Re: Remedies for False Accusations of a Parole Violation

    From what you say, you violated a no contact order because your wife told you it was okay to be home and tried to have the order dropped, your P.O. initiated probation violation proceedings, and the judge decided under the circumstances to excuse your violation. If that's the case, you were lucky that the judge was understanding.

    As for your having a power surge at your wife's home that damaged your computers, that's not the probation officer's fault. Nor is it his fault that you didn't have proper backups. Nor is it going to work to try to claim that your data was worth $1.5 million but it isn't worth a few thousand dollars to try to recover the data.

    You initiated a complaint with the police department over something, and then dropped it? Your choice. You have a paranoid theory that police officers are reading depositions from an insurance case and calling you by a false name you used at that time? Um... whatever.

  3. #3

    Default Re: Remedies for False Accusations of a Parole Violation

    how did you draw those conclusions?

    Like I said in the first place, there was no violation -- when I made the decision to move business back to my house after being authorized for "full contact during the daytime" in an email all of 1 sentence long with that quote. I didn't notice a time limit or place restriction in that daytime authorization...

    The damaged equipment?... Sort of funny that happened from the phone system on the second day of my absence? Maybe they blew up the circuit when they switched the tap off at the C.O because "it wasn't grounded properly"... Who knows, either way, I have the drives, (and backup drive and exact copy of backups) I just can't afford to send them to a lab... The 1.5mil is back work that is always a source for future work... I haven't needed it thus far in the last few months due to the economy still 'sucking'... But I'll need it in the future, and I don't even know if it's recoverable. So yes, I contend that it 'is' absolutely his fault for arresting me in the afternoon, doing what I was supposed to be doing, at a place and time I was authorized to do it... My inlaws fault too... For writing an email (from my wifes online email) 1000 miles away... Although the intent was honest, she started a bogus chain of events and here we are.

    As for the complaint... If an officer fabricating information in his report then committing purjury in court and coming to my house 5 nights in a row by himself "to create a pattern" while freaking my wife out -- isn't grounds for a complaint I don't know what is. I didn't drop it and I'm sure his conduct was with the most pure of intent too (given other cases in the area out of the same PD)... There's nothing more to say... I wrote it, it's all in there. -- maybe I'll need to file it again & file an additional one for the people I sent it to for not following through with the investigation they were going to do.

    But again, my question was about the PO and inlaw... Can I hold them (or either) accountable for their actions and damages.

    Thanks much.

  4. #4
    Join Date
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    Default Re: Remedies for False Accusations of a Parole Violation

    Who, exactly, authorized you to return to the home?

    In other words, what court authorized your return? Did the PO sign off on it?

    Court orders are not suggestions or guidelines. It is not within the power of those named within to change the parameters of a court order when those named believe they should.

    Only a court can change a court order.

    If a court authorized your readmittance to the home, show that document in court and you will be fine. If you don't have that document, you are, indeed, in violation.

    EDIT: Sorry, it was in chapter 2 or 3 that you said that the judge found no PV. As to all the rest about fried computers and mistaken identity, I don't understand why that has anything to do with the PV.

  5. #5
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    Default Re: Remedies for False Accusations of a Parole Violation

    Some people seem to think they can randomly vomit every word and incomplete thought from their head into the text box while disregarding basic rules of grammar and sentence construction, and expect the rest of the world to figure out what they mean. It doesn't work that way. If you want to avoid misunderstanding, you need to write clearly and concisely. You still haven't made clear who "authorized" you to be in your ex's home during the daytime, or why you assumed that the liberty granted to be there to run your business translated into "sunrise to sunset" without bothering to clarify that with the court or your probation officer.

    Speculation about how your computers might have been damaged doesn't translate into a viable civil case against anybody - courts work on facts, not guesses. If in fact there was a documented power surge associated with the damage, see about making an insurance claim. You can expect the insurance company to reject out-of-hand the idea that the data on your computers was worth over a million dollars - backups are your problem, not theirs - but perhaps you can get enough for the damaged hardware to pay a recovery service to pull the data off your old hard drives. (Note also, a UPS with surge and spike protection is not that expensive. If your hardware and the data it contains is worth seven figures, spending a hundred or so on a decent UPS should be a no-brainer.)

    I have no idea what you're talking about in relation to supposed "perjury" or the P.O. "coming to my house 5 nights in a row by himself". If the details are hidden somewhere in your vomit of words, please pull them out and present them in a clear, concise manner. (But no, on the second point, you're not going to be able to successfully sue a probation officer for checking to be sure that you're in compliance with probation.)

  6. #6

    Default Re: Remedies for False Accusations of a Parole Violation

    Quote Quoting cyjeff
    View Post
    Who, exactly, authorized you to return to the home?
    PO did when he authorized via a one sentence email that contained this gem. -- "I hereby authorize full contact during daytime hours" (and nothing more). I was living at my home at the time the PO set up the conditions to move me out of the house, move my wife in the house (because she's homeless, living in shelters with child) --- and then 30 days later, wrote that email authorizing full contact. -- then arrested me in the afternoon as if I'm not supposed to be there, searching for clothes that are supposed to be there in my own closet, searching for computers I work on during the day that are supposed to be there in my office... Searching around as if it's evidence I was basically living there... -- and I was... I was living in my own stinking house, during "daytime hours". resuming somewhat normal relations with my wife... I worked there, I took naps there, I had breakfast, lunch and dinners there, I took showers there and I was authorized to do it during the day.

    The irony is, just before I left my house to move my wife in... I wrote one last email to my lawyer that evening... I told her I thought I would be needing her services again soon. That I couldn't put my finger on it or how it would happen but that I felt the PO was going to try some B.S. and arrest me for something bogus before my probation was to expire in 41 days. And that I would be contacting her should that happen... So I called her from jail and gave her access to an email account I specifically set up online, for the timeframe I was to be on probation.

    In other words, what court authorized your return? Did the PO sign off on it?
    The court had nothing to do with it at this point

    If a court authorized your readmittance to the home, show that document in court and you will be fine.
    There is no more court, I'm off paper, my 18mo. probation expired and I quit DVIC... It is true however, the court authorized my readmittance months and months prior. -- Again, the court didn't have anything to do with "contact" at this point (of the false PV). Only the new cowboy PO I was assigned to (who happened to be union president) could make decisions on contact.

    ** I will write a timeline event by event and keep it short (a bullet list of sorts) in the next day or two, if interested, check it out.

    Sorry, it was in chapter 2 or 3 that you said that the judge found no PV. As to all the rest about fried computers and mistaken identity, I don't understand why that has anything to do with the PV.
    Because if he doesn't attempt to pull the crap he did by falsely PV'ing me... THIS DOESN"T HAPPEN... There would be no damage, I would still have my house and car and business wouldn't have gone completely off the rails... I promise you.

    So I go back to my original question... Can I sue this dude? And can I sue my mother in law for writing an email from my wifes online email (1000 miles away) asking why the PO doesn't just drop all restrictions as I was basically living back at home anyway... (which the PO authorized)

    Thank you.

  7. #7
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    Default Re: Remedies for False Accusations of a Parole Violation

    What state are you in? It is either lost in the river of words, or not mentioned. It can be relevant.

  8. #8
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    Default Re: Remedies for False Accusations of a Parole Violation

    Okay, I'm confused. You were given day-time only contact with your wife again, correct?

    You were only there during the daytime, correct?

    MIL sends an email to PO, as your wife, insinuating that you are pretty much living back there again, correct?

    PO comes in, acting in good faith on information that you are in violation, and searches the home and subsequently takes you into custody. Correct?

    He was looking at your clothes to see if there was evidence you were staying there full-time, in violation of the terms of your probation.

    If the PO was acting in good faith, which he was based on information he received, it was not a false PV. I'm guessing there was not sufficient evidence discovered to prove it beyond a reasonable doubt to a judge, yay for you. Just because a judge doesn't believe it happened doesn't mean it didn't happen. Probable cause that a crime has occurred is an entirely different standard than convicting on beyond a reasonable doubt. Doesn't change the fact he was doing his job, albeit not very well if he didn't verify his information with your wife. Or did he?

    Your equipment, which you claim is worth millions of dollars but can't be bothered to properly back up (i.e. a drive outside the home in a second secure location or at least NOT attached to the grid 24/7), is damaged in a subsequent power event. Correct?

    You aren't going to get anything for something you didn't feel valuable enough to back up yourself. Absent compelling evidence of some kind, you won't even be able to substantiate in a civil suit the contents/value thereof. You would also have to be able to establish that the fact you were not there caused the damage. If it was a power surge, as your wife stated, and not a storm or such there was probably little or no warning of it. Therefore your presence in the home would NOT have impacted what happened. Oh, and if it was a power surge, why did you not have adequate protection on your expensive data/equipment?

    You filed a complaint with the officers' commanding oficer while indicating you have no intention of cooperating in said investigation beyond a written statement. Correct?

    It surprises you there was no movement on it then? Without cooperation of the complainer, it's difficult/impossible to properly investigate. You have no action against them on that.

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