- This topic has 7 replies, 1 voice, and was last updated 10 months, 3 weeks ago by d.
March 23, 2019 at 2:18 pm #53748
By Sandy . . . In 1999, a young man of 17 met a young lady of 16. The details of the development of their relationship are murky; some reports indicat
[See the full post at: Justice or judgment: What will the judge do?]
March 25, 2019 at 8:03 am #53794
I appreciate this forum Sandy.
I was just released from the hallway house and met my PO. The first thing out of his mouth was,”You will take ownership of this or I will make your life a living hell.”
I was wondering if others had had the same experience when they expressed their innocence and mentioned that they were still fighting their convictions?
I have to go in for a psychosexual evaluation.
I asked him if anyone had ever been diagnosed as normal. He said no.
So how does this work?
Anyone that has been convicted of a sexual crime is automatically sick?
Seems a little slanted to me.
Can anyone shed a little light on how I should handle this?
Thank you so much.
March 25, 2019 at 9:15 pm #53814
Thank you for another informative article, Sandy.
By fighting, a person becomes a target, particularly if he is indeed innocent. I had two federal convictions through a plea agreement. The worst of the two charges (Mann Act) vacated due to actual innocence through a pro se 2255 motion. I was allowed to withdraw the second plea (possession) and risk reprosecution. Since I’d already served 9 years of a 10 year maximum and had lifetime supervised release largely due to the vacated charge, I had little to lose.
Until I signed a plea last September, life was “difficult.” Because I wouldn’t accept responsibility for the vacated conviction, I was released from SO therapy, and refused reentry by my PO. The therapist was also concerned that I would “infect” the group with constitutional issues. I was always anxious to discuss the circumstances of the vacated conviction to gain any therapeutic value, but I would not allow the bully therapist to call it a crime. Though he had refused me therapy, my PO motioned to have me returned to the halfway house because he couldn’t adequately supervise me without therapy. That was coincident with reprosecution, and the prosecutor convinced a new judge I was a danger and needed to be held pretrial. I finally cried uncle after two months in a dingy county jail and signed the plea (time served, 10 years supervision).
Yes, a PO can make life a living hell. Expect no sympathy from anyone. By asserting innocence, you will be labeled a “narcissist” having no remorse; which prosecutors will use this to paint you as John Wayne Gacy junior. Although you will take some tests, a psychosexual evaluation is largely subjective. If you are innocent, fight like hell, but expect no sympathy. And God love you for having the resolve to do so. The Harris County judge in this article is of a rare breed.
March 26, 2019 at 7:47 am #53839
I don’t know how you got as far as released from a halfway house still protesting your innocence. You beg forgiveness, you follow the rules, you do your therapy, and you make no waves.
Your time to protest your innocence is both behind and way in front of you. Now? Now you buckle down, play their game, and get real smart real fast.
Good luck. Time will pass. You can do your advocacy and protesting in the future.
March 27, 2019 at 8:18 am #53863
A valid legal fight is different from not accepting the fact of a conviction, even if it was undeserved. If he has no legal option, I agree with you completely.
March 25, 2019 at 11:28 am #53803
Most state statutes presume sanity when crimes are committed, and sanity is determined at plea hearings / trials. “Treatment” is further mandated in prison. So it SHOULD bear the question, after sanity has been established and “treatment” received regardless, how is it the courts mandate further “treatment” based solely on convictions for certain crimes, which their own statutes specifically forbid?
Vitek v. Jones, 445 US 480 (1980) holds “While a conviction and sentence extinguish an individual’s right to freedom from confinement for the term of the sentence, they do not authorize the state to classify him as mentally ill and subject him to involuntary psychiatric treatment without affording additional due process protections.” (@ 481). Each state has its own laws pertaining to imposition of involuntary mental health “treatment” (federal law simply defers to the states). Willing to bet the “treatment” being forced on you fails to comply with a single one of the laws / procedures your convicting court is required to follow. There’s no point in trying to explain all that to your PO. By your description, he sounds like a God-complected, police academy washout, registry Nazi (a description that applies to most POs).
If you have the means, you could fight this in court. Unfortunately, you’d have to start in your convicting court, and it’s very unlikely you’ll get a fair hearing there. Being heard at your state’s supreme court is also a long shot (particularly if you’re pro se), but must be attempted before going to federal court. It will be a very long fight, but well worth it in the long run. In the meantime, all you can do is play their game.
March 29, 2019 at 7:30 am #53963
Quoting from my sister that wants to justify everything whether she is wrong or right. Probation officers are just following the rules of the court but what mind know’s anothers mind. Sure my probation officer said to me that he was the boss of me for the next Ten years and they can make your life a living hell if you let them..
Call a lot of this sex offender ordeal skeleton justice if you’d like but one should fight man’s justice with the real sword of justice and that can cut like a knife. Its all about principal.
April 3, 2019 at 4:14 pm #54158
I never had to admit guilt of the crime and I would not have. They had to accommodate me because I was innocent. Yes I had allot of threats by the people in charge but when it all comes down to the law compelled free speech is unconstitutional. My probation officer acknowledged that he though I did not break the law. The sex offender classes had to allow me to say I am guilty of wrong but not breaking the law. I am still fighting my case it has been almost 10 years since my arrest. I won my appeal but the supreme court said I waived the argument that makes me innocent like this is supposed to be possible. So now it is a PCR case because my lawyer waived my right to be free not me. There is no justice in Indiana the court does whatever they think the people want or prosecutor asks for. I will not cave and I will not back down. I have had to learn more about law then I ever wanted I hate it. I will no longer be satisfied by exposing my false conviction. I will not stop until all of the errors the court has made since my conviction are exposed. I have been keeping track and taking notes this whole time they are guilty and will be held accountable.