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  1. #1
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    Default Demeaning Parole Agent

    My question involves police conduct in the State of: California

    My cousin is on parole for a his 4th DUI. He has no other history of criminal behaviour. He's a Desert Storm vet and has not been the same since he came back. He suffers from depression and abused alcohol. He's been clean for 14 months, 8 of those months in prison.

    He complains that his parole office always accuses him of being on drugs and associating with gang memebers, he claims to do neither.

    Today his Parole Agent came to his place of work and asked him in front of 3 coworkers if he has been staying away from drugs and gangs.

    I told him to ask for a new parole agent and he has. But he's wondering if his PA didn't violate his privacy by voicing slanderous remarks in front of his coworkers. He has no history of illegal drug abuse or gang affiliation.

  2. #2
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    Default Re: Demeaning Parole Agent

    Quote Quoting tenantweary
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    My question involves police conduct in the State of: California

    My cousin is on parole for a his 4th DUI. He has no other history of criminal behaviour. He's a Desert Storm vet and has not been the same since he came back. He suffers from depression and abused alcohol. He's been clean for 14 months, 8 of those months in prison.

    He complains that his parole office always accuses him of being on drugs and associating with gang memebers, he claims to do neither.

    Today his Parole Agent came to his place of work and asked him in front of 3 coworkers if he has been staying away from drugs and gangs.

    I told him to ask for a new parole agent and he has. But he's wondering if his PA didn't violate his privacy by voicing slanderous remarks in front of his coworkers. He has no history of illegal drug abuse or gang affiliation.

    I am sorry that this happened to a veteran. A parole or probation officer can go to his work or his home and question him or people who associate with him. The agent did not use cander but he really did nothing wrong.

    When you are on supervision this is what can happen to you. You may be treated in a way that you would find offensive. Your cousin has no rights to privacy from his parole officer.

    Just look at the good side. This may be the lessons that your cousin needs in life to keep him from doing this again.

    I hope this all works out for him. Good luck.

  3. #3
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    Default Re: Demeaning Parole Agent

    Thanks for the response ohmy. My cousin is concerned because he wants to get a good job, not the construction work he's in now. He has a BS degree in information systems and has worked for 8 years in IT. If he lands a job in an office as he's being offered right now and his parole officer comes in and starts asking his coworkers if he's staying away from gangs and drugs, the impression is that they have a drug user/seller and racketeer of some sort in their midsts. Only his work supervisor should have access to that info, right?

  4. #4
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    Default Re: Demeaning Parole Agent

    Quote Quoting tenantweary
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    Thanks for the response ohmy. My cousin is concerned because he wants to get a good job, not the construction work he's in now. He has a BS degree in information systems and has worked for 8 years in IT. If he lands a job in an office as he's being offered right now and his parole officer comes in and starts asking his coworkers if he's staying away from gangs and drugs, the impression is that they have a drug user/seller and racketeer of some sort in their midsts. Only his work supervisor should have access to that info, right?
    Convictions are public information. Anyone with some free time and desire to find out has access to the information.

  5. #5
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    Default Re: Demeaning Parole Agent

    Quote Quoting tenantweary
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    Thanks for the response ohmy. My cousin is concerned because he wants to get a good job, not the construction work he's in now. He has a BS degree in information systems and has worked for 8 years in IT. If he lands a job in an office as he's being offered right now and his parole officer comes in and starts asking his coworkers if he's staying away from gangs and drugs, the impression is that they have a drug user/seller and racketeer of some sort in their midsts. Only his work supervisor should have access to that info, right?
    Let him finish out his supervision. Again, this may be a good way for him to grow up FAST.

    Most jobs these days do require a background check, I would suggest that now is the time for your cousin to decide what he will tell future employers when he applies.

    A conviction stays with you for life. Sure he can live a normal life, but he will realize in time that it will be more difficult then for people who never had to face this sort of thing.

  6. #6
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    Default Re: Demeaning Parole Agent

    Quote Quoting tenantweary
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    My question involves police conduct in the State of: California

    My cousin is on parole for a his 4th DUI. He has no other history of criminal behaviour. He's a Desert Storm vet and has not been the same since he came back. He suffers from depression and abused alcohol. He's been clean for 14 months, 8 of those months in prison.
    Are you sure he went to state prison? This sounds more like he was in county jail and has been released on probation. I have never seen someone serve only 8 months in PRISON for even a fourth DUI ... but, in theory, it is possible.

    He complains that his parole office always accuses him of being on drugs and associating with gang memebers, he claims to do neither.
    Okay. As long as he is not violated for it, then they will have to agree to disagree.

    Today his Parole Agent came to his place of work and asked him in front of 3 coworkers if he has been staying away from drugs and gangs.
    Not smart, but not unlawful. He can ask for a new parole officer but there is no guarantee that he will get one.

    But he's wondering if his PA didn't violate his privacy by voicing slanderous remarks in front of his coworkers. He has no history of illegal drug abuse or gang affiliation.
    Probably not. But, he is certainly free to consult an attorney. Though, without damages, it is probably not worth pursuing even if he could articulate slander.

    - Carl

  7. #7
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    Default Re: Demeaning Parole Agent

    Thank you all for your feedback.

    4th DUI, 16 month prison conviction. Standard California sentencing is 1/2 time with 1 year formal parole, 6 months parole if the felony is nonviolent. He's past 6 months and has not been discharched by his agent.

    Here is a link to an editorial on California's parole policy: http://articles.latimes.com/2007/oct...oe-petersilia8

    My cousin, because he's a very good worker, has always had job offers in various fields. He has been hired even when his employeer knew he had three dui's. With 4 dui's he's being offered a job as a network administrator for an accounting firm in Irvine, CA. He didn't even apply for the job, its his reputation as a competent hardworking IT person. I've seen him walk others through troubleshooting sessions, over the phone, with no computer in front of him. And he doesn't even charge people!

    Regarding his drinking, here is a link regarding soldiers who see combat and levels of substance abuse: http://www.soldiersheart.org/education/

    He's not a party animal, he's a recluse who, in the past sought solice through self medicating with alcohol.

    I'm offended at how he has been treated. He went to the VA in Los Angeles seeking help for PTSD 8 years ago, his psych told him nothing was wrong with him and that would be 80 dollars for asking. No free vet groups were started. He started one himself, creating a website where vets could talk to other vets about their post military experiences. It has 50 active members who support each other in dealing with their emotions.

    This is all just a minor inconvenience. Despite it all he's still financially independent, and has a bright future. He just finds it demeaning to be placed in the same category as gangsters and druggies who he found to be repulsive during his stint in prison.

    Thank you all for your feedback.

    One more link. Here is how seriously our department of corrections take dui's: http://www.sfgate.com/cgi-bin/articl...n165741S82.DTL

  8. #8
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    Default Re: Demeaning Parole Agent

    Quote Quoting tenantweary
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    Thank you all for your feedback.

    4th DUI, 16 month prison conviction. Standard California sentencing is 1/2 time with 1 year formal parole, 6 months parole if the felony is nonviolent. He's past 6 months and has not been discharched by his agent.

    Here is a link to an editorial on California's parole policy: http://articles.latimes.com/2007/oct...oe-petersilia8

    My cousin, because he's a very good worker, has always had job offers in various fields. He has been hired even when his employeer knew he had three dui's. With 4 dui's he's being offered a job as a network administrator for an accounting firm in Irvine, CA. He didn't even apply for the job, its his reputation as a competent hardworking IT person. I've seen him walk others through troubleshooting sessions, over the phone, with no computer in front of him. And he doesn't even charge people!

    Regarding his drinking, here is a link regarding soldiers who see combat and levels of substance abuse: http://www.soldiersheart.org/education/

    He's not a party animal, he's a recluse who, in the past sought solice through self medicating with alcohol.

    I'm offended at how he has been treated. He went to the VA in Los Angeles seeking help for PTSD 8 years ago, his psych told him nothing was wrong with him and that would be 80 dollars for asking. No free vet groups were started. He started one himself, creating a website where vets could talk to other vets about their post military experiences. It has 50 active members who support each other in dealing with their emotions.

    This is all just a minor inconvenience. Despite it all he's still financially independent, and has a bright future. He just finds it demeaning to be placed in the same category as gangsters and druggies who he found to be repulsive during his stint in prison.

    Thank you all for your feedback.

    One more link. Here is how seriously our department of corrections take dui's: http://www.sfgate.com/cgi-bin/articl...n165741S82.DTL
    I am profoundly sorry that you look to a dui conviction (as a consequence of driving drunk at least four times and potentially killing who knows how many people) as a minor inconvenience.

  9. #9
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    Default Re: Demeaning Parole Agent

    Quote Quoting ashman165
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    I am profoundly sorry that you look to a dui conviction (as a consequence of driving drunk at least four times and potentially killing who knows how many people) as a minor inconvenience.
    If we start imprisoning people for what may happen as a consequence of their actions, we need to start shipping our returning vets straight to prisons. They'll be angry disorientated, not sure how they fit in civilian life and prone to substance abuse. When and if they ask for help they probably won't get it and if help exists for them they probably can't afford it. But lets be sure to wear yellow ribbon stickers on our H2's.

    The minor inconvenience is his treatment post prison, not his dui's. His website is geared toward his battalion of aproximatley 500 infantry soldiers and of them 50 report problems with substance abuse, and difficulty rentering the civilan world, etc. Thats only the ones who have found his site. Thats a whopping 10% already. How many vets do we have in Iraq and Afganistan?

    Quote Quoting cdwjava
    The other article you link says nothing about a CONVICTION, only that he was stopped and charged with DUI ... likely a first one.
    This article failed to mention he was returning from a womens prison in Cowchilla, CA after giving a presentation to prisoners on how to succesfully complete parole. After this, going to a government function, having a few, him and his deputy, then drving home. Also likely, a lifestyle.

    For those who have zero tolerance for dui's, you'll be happy to know of the following stats, which i'm not saying valdiates their dui's. What i'm saying is that vets need programs to help them avoid following into patterns like my cousin, who has reached out many times to the VA but has been shunned aside like used goods.

    http://www.recoverymonth.gov/2006/ki.../military.aspx

    For those of you who feel he is a common criminal, just wait until someone you love, who you believe to be a good upright person, gets caught up in the system.

  10. #10
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    Default Re: Demeaning Parole Agent

    A "good, upright person" does not tend to get caught four times for DUI. He has made some serious mistakes and has had to pay the penalty for those mistakes. They were conscious decisions on his part. From what you say, it would seem he has learned nothing from his foibles. Hopefully that is not the case, and he has learned that driving after drinking is a very dangerous thing. But, it's often hard to relate that lesson if nothing bad HAS happened.

    Certainly, not enough is being done to assist veterans, but that's a separate issue. His PTSD did not make him drink and drive, and claiming that his stress did so can be rather demeaning to the majority of such veterans who get along fine and follow the law without endangering the general public.

    I hope he will learn from his past and will clean up his life. It's not easy, but it can be done. (I've been sober for 18 years, 3 months and 12 days ... it's actually a great thing.)

    - Carl

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