Posted by Starr on 11/09/03

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My husband is curently on probation in Bell Co. In Aug the
probation dept. modified his probation orders that
required him to take a polygraph test without his consent.
He refused to sign the order and requested a hearing.
The P.O. refused to schedule the hearing and had it signed
anyway by the acting Judge. In Nov. he was forced to take
the polygraph, 2 days later they came to the house for a
home visit because of the results of the test. They took
my computers and called out the ATF to seize my guns. They
revoked his probation, and charged him with possession of
child pornography for a disk with deleated files.
According to the Tex. Code of Criminal Proceedures unless
the Defendent by written consent agrees to the
modification, a hearing must be scheduled before a judge.
I didn't happen. Because of the illegal modification
which resulted in an illegal search and seizure and
eventually his arrest. My husband lost a 50,000 a year job
he had held for 15 years, all his benifits including
medical, 4 weeks of vacation, social security, his
retirement benifits, senority with the company, and social
status in the community. It's been ONE year as of Nov.
13th and he is still in the county jail. We just went to
court for the revocation hearing where they determened he
was not given his right to a hearing. And a motion to drop
the charges were filed.
My question is: Didn't they violate my husband due process
when they ignored his request for a formal hearing and
proceeded with ruening our lives? Is there something I can
do to pick up the pieces and start the healing process? Do
I have a lawsuit against the Probation dept.? Because my
husband has been incarsirated for almost a year and left
me with all the expences I've lost almost everything
including my life.

Violation of ue process: Illegal modification of court order, 11/09/03, by Starr.

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