Re: Due Process

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Dear Pat,

Just one lawyer's opinion, but here's the way I see it.
When you're on probation, you've already had your due
process; and it's just like you are in jail, except they let
you go home and serve your time, at their pleasure. Any time
they want you back in jail, it's just a matter of picking
you up to serve your time in jail. What I see wrong with
this situaiton, however, is that your son is also being
deprived of his "liberty" (probation) without due process
(right to a hearing) before his probation is revoked. He's
entitled to a hearing before they revoke him, but they can
hold him in jail until the hearing. Now here's the problem:
he is being denied bond awaiting the hearing, while others
are being allowed bond while awaiting their probation
hearings. Either a probationer awaiting a hearing is
enntitled to bail, or he is not. One can't be granted bond
awaiting the hearing and another not. As I see it, it is a
matter of denial of "equal protection of the laws." Only
problem, it's the judge denying the bond; and you can not
sue and win against a judge for damages, as the judge
is "immune" from such liability. You can, however, obtain
injunctive relief, but it will take a good lawyer to take
that case and win it. Most lawyers will not want to handle
it; for, first, you are not going to be willing to pay the
money to hire him to do it, and there is no money in it for
him on a contngency basis. Bond is the judge's decision, not
the probatin officer's. Of course, judges pretty much defer
to probation officers and follow their recommendations. I
say that defendants are just too quick to up and plead
guilty in hopes of getting put on probation, and then their
probations are revoked for almost anything. Probation
officers, at least many, many of them, are furstrated would-
be "lawyers" and "judges" and get their kicks out of sending
probationers to prison. It gives them a feeliing of power,
something to brag to their friends and relative about. As I
say, just one lawyer's opinion! Best of luck to you and your
son!

Sincerely,

Hardy Parkerson, Atty.
Lake Charles - New Orleans

On 7/14/04, pat wrote:
> do you get due process if your being held on probation
> violation....ohio....my son was brought in 6/23/04....had
> 20 days facing him....his 20th day was up 7/12/04 and they
> still don't have him court date set....his po told me she
> sent request for scheduling 6/28/04.....then one other po
> he had from different county told me she could sign him
> out to me til his court date and when i told her about it
> she said the judge said he wants him to sit in jail til
> his court date.....all this time has passed and still
> nothing....is this right.....thanks in advance