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  1. #1

    Default Accused of a Parole Violation

    My question involves criminal law fHello. I am happy to have found this forum. I am hoping someone will be able to assist.

    FACTS:
    1. I am on parole as of 4/08. I get released from parole 4/09. The parole is from a DWI felony conviction in which I served 2 out of 3 years in prison.

    2. Parole officers came into my home and confiscated my computer and laptop for further investigation.

    3. Parole as well as police investigators would like me to admit to prostitution because I designed a website for escort services

    4. Linked to this website are several paid accounts to be "listed" as an escort.

    5. My personal checking account pays for these paid listings.

    6. My cell phone is linked as well.

    7. Parole officer threatened to charge me with a felony tampering of evidence.

    8. I cannot afford to pay for a lawyer to represent me through an "investigation."

    9. I am VERY VERY VERY afraid of doing something wrong during this investigation process.

    Question:

    1. If I cancel any of my "paid listing" accounts, my website account, any e-mail account, my cell phone account, my voice mail on my cell, or my bank account, would that constitute "TAMPERING WITH EVIDENCE" ?

    2. Am I allowed appointed representation without charges being filed?

    The way I understand it, the investigation can remain open forever.

    PLEASE HELP!! (New York)

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Very Intricate. Plesae Advise

    Canceling everything now is a bit of closing the barn door after the horse has run out.

    So... you designed an escort website and have the names and accounts of several hookers?

    Or, you designed an escort website and are accused of BEING a hooker?

  3. #3

    Default Re: Accused of a Parole Violation

    "Or, you designed an escort website and are accused of BEING a hooker? "

    Being one.

    As I said, I am worried about the felony charge. Do you know if the examples would be tampering with evidence?

    I have not been violated by parole at this time.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Accused of a Parole Violation

    Get a criminal defense lawyer. Make your choices after consultation with your lawyer.

  5. #5

    Default Re: Accused of a Parole Violation

    I met for a consultation and to get a number at what I would be looking at. Client attorney privilege did apply during that conversation. It is 5 grand I simply don't have and can't get.

  6. #6

    Default Re: Accused of a Parole Violation

    Quote Quoting ineedlegaladviceplease
    View Post

    1. If I cancel any of my "paid listing" accounts, my website account, any e-mail account, my cell phone account, my voice mail on my cell, or my bank account, would that constitute "TAMPERING WITH EVIDENCE" ?
    Certainly could. But odds are they've got copies of everything already. Police are usually intelligent enough to include ALL of those things in search warrants, and grab everything at once just so that people DON'T get a chance to destroy evidence. You can be pretty assured that if they've taken the step of seizing your computer, then they've already got cell phone dumps, email dumps, bank statements, and the last server backup of the website from your webhost. Deleting at this point is likely useless, and only serves to make you look WORSE in front of a jury (why destroy those things if nothing was wrong?).

    2. Am I allowed appointed representation without charges being filed?
    Without charges, there's no arraignment. No arraignment means no opportunity for you to request a public defender. So if you want an attorney before you get charged, it'll need to be one that you select and pay for.

    The way I understand it, the investigation can remain open forever.
    Yep. It can. Start saving for an attorney ASAP and hope that the state needs some time to bring any formal charges.

  7. #7

    Default re

    Thank you.
    No closing anything. A felony charge is something I would definitely like to avoid.

    I guess I wait until either my computers are returned or until a charge is filed. I don't see any other alternatives without cash.

    They also seized personal "toys" from my bedroom but returned those within 24 hours. Oh my were they embarrassed when they returned them!!

    I looked into the details of filing for the seized computers to be returned, but without a hardship, I will be unable to do so.

    Seeing as I am on parole, it seems the state has no evidence in which to charge me because they did not instantly violate me. It certainly doesn't mean they won't.

    I will continue to wait.....

    Thanks again for your advice!

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Accused of a Parole Violation

    Quote Quoting ineedlegaladviceplease
    View Post
    Question:

    1. If I cancel any of my "paid listing" accounts, my website account, any e-mail account, my cell phone account, my voice mail on my cell, or my bank account, would that constitute "TAMPERING WITH EVIDENCE" ?

    2. Am I allowed appointed representation without charges being filed?

    The way I understand it, the investigation can remain open forever.

    PLEASE HELP!! (New York)

    1. I don't see how, but possible I suppose, as you did not list your state to read the exact wording of such statute.

    2. As far as representation, most generally, No!

    Charges must be filed within the statute of limitations, an investigation will/may continue until then. "Forever", no!

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Accused of a Parole Violation

    Oh I see it now, NY. silly me!

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Accused of a Parole Violation

    § 215.35 Tampering with physical evidence; definitions of terms.
    The following definitions are applicable to section 215.40:

    1. "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding.

    2. "Official proceeding" means any action or proceeding conducted by or before a legally constituted judicial, legislative, administrative or other governmental agency or official, in which evidence may properly be received.


    § 215.40 Tampering with physical evidence.
    A person is guilty of tampering with physical evidence when:
    1. With intent that it be used or introduced in an official proceeding or a prospective official proceeding, he (a) knowingly makes, devises or prepares false physical evidence, or (b) produces or offers such evidence at such a proceeding knowing it to be false; or

    2. Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person.

    Tampering with physical evidence is a class E felony.

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