Re: Due Process

More | Report Post

Thank you Mr. Parkerson for your thoughts....I have been
finding out so much.....his po is power playing and treating
him as if he is a flight risk....he has never been a
risk....he finally got to court wed and right before it begain
his lawyer walked in to him and said...we are sending you to
west central do you agree.....my son thinking it sounded good
from his interview with lady from place and did it....judge
asked his po if they had bed and she said yes...he can go
thrus......his po from the county he lived in didn't come
down....they didnt want him here after i told them he had
explained to me that my son wasn't really that bad just got
mixed up with some people at a house he moved to... that i
didn't understand why they were treating him so unfair with
sending to to this place.....i've wrote letters to probation
office and his atty (that ignores us)....and the judge
explaining about us (very ill, from toxic overload, it is now
showing) and what i've been doing trying to get tests for rest
of my family and i'm just trying to help my son before I die
(down to 83lbs)...i wrote a letter to them that has her
mader....and they sent him to west central and back same
day...after they were already talking with him like the other
new ones...and it is aweful the way they are treating these
men...they tell them they are worthless and it's there parents
fault and the verbal abuse goes on....my husband dropped off
letter around 2:30 then he was sent back the counseler telling
him that he didnt tell her when he was going to court and she
didn't have a bed for him....and then his po issued another
hold on him and he's back at mutti-county here...my health and
my families health are very big issue here....one of the times
talking with his po on phone about my health and
places ....she started laughing (very loudly) and i told her
this is no laughing matter it is life and death.... would it
be possible for you to look at my letters and see what
direction i can go til i come up with money for new atty....we
are very poor due to what happen to us....thank you very much
for your time....pat

On 7/18/04, Hardy Parkerson, Atty. wrote:
>
>
> 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