Legal Question in Criminal Law in California

My daughter is on probation for a felony charge. She was visiting her cousin in Palm Springs and officers of Riverside County came to the house looking for the Cousin's daughter, which is also a felon. She was not there, but they asked for my daughters ID and found she was on probation from San Bernardino Co. They called my daughters probation officers and they told them to have her come to their office. When she got there they told her that she could not be around anyone that had a felony and on probation. My daughter was in the house ALONE, but they said she was with her cousins daughter. These probation officers lied about this and then had her put in jail 80 miles from home. Is there any way to do something about these officers that make up their own stories and then violate the person concerned? Please Let me know!!!!!

Asked on 6/23/13, 9:52 am

4 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

She needs as attorney, but from an outside perspective I don't think the officer's lied as much as they used a little logical analysis. At the time she was alone, but unless cousin's daughter was on a long documentable absence from the house, the cousin's daughter was there with your daughter at some point... Highly circumstantial? Yes? Lie? Probably not? Were they close to the actual circumstances? Maybe...violating parole standards does not require a beyond reasonable doubt standard...

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Answered on 6/23/13, 12:20 pm

Anthony Roach Law Office of Anthony A. Roach

It sounds like she violated probation to me.

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Answered on 6/23/13, 3:34 pm
John Laurie Gertz and Laurie

You need to read the terms of the probation. if she violated the terms of the probation then not much you can do bt get a good attorney. A better question might be to ask your daughter why she would go there in the first place knowing that a possible felon might be there thus violating her own probation.

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Answered on 6/23/13, 10:01 pm
Terry A. Nelson Nelson & Lawless

Her probation officer is 'the final word' on what she can and can not do. Violate his instruction or argue with him at your peril. Her attorney can try to 'reason' with the PO on her behalf and get her specific terms and instructions to follow.

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Answered on 6/25/13, 2:14 pm

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