VOP? WHAT THE???????????

My husband, is currently on probation for burglary along with a sexual battery charge he received before I met him. Apparently he and this young lady was dating when he was 21 yrs old. (She was 20) She had taken some drugs and recently found out he had cheated on her with a close friend of hers. Well they had make up sex, and once they were done, her parents caught him leaving out. He is a black male and she was a white female. The parents asked her was she pressured or provoked to sleep with him, and she said yes. He was then arrested for sexual battery along with burglary because she said she did not remember letting him into the home.

During a routine check on October 11, 2006 the police discovered canibis in his home he shared with a room mate, and they violated him for possession of canibis (marijuana). They never arrested the roommate. I was 2 months pregnant with our son. We had to be extridited back to collier county where is charge originally took place 6 years ago. Long story short, none odf the probation officers, nor the police officers showed up for his discovery, and also they did not find the canibis on him, but in the sofa of the roommate were he slept, and also they left out valuable information such as he did not have the lease in his name,and they did not put on the arrest report that he had a roommate. It took them 8 months to release him a reinstate his probation. My son was already born, and 1 month old when he came home.

When he came home to Palm Beach county, I was living in an apartment complex. Beause of the nature of his charges, he had to register as a sex offender. Well, because of the community we lived in they found out he was there, and gave us a 7 day notice to move out. We then moved to Wellington.

He had a probation officer by the name of Mazzella. She seemed to be a very sweet lady. She had us going for a while. With my husbands degree in structual engineering, and his experience as a elcetrician, it was difficult for him to obatin work, because as soon as he advised them of his charge, they would back away. Things started to get really bad, because all the money in our savings was about gone, and here is was 3 months after he was released and he had not found work.

I decided that I would go to work. I found work instantly. My son is ADHD along with behavioral problems, low IQ, and some other disabilities. Well he was in school one day, and I had not driven the car that day because I had recently found out that my license was suspended. I had no money and did not know how I was even going to get home that day. The closest family member was in Miami. We received a call from the aftercare stating my son had stab a kid with some sissors and I had to come to pick him up immediately. I advised the director of the school I did not have transportation to pick him up at that moment. She said that if I had not come to get him within the hour, She was calling child services to come and get him, and she hung up on me.

I had already had a case open for a 2005 child abuse/neglect charge for spanking the same son. But at that time I did not know of his disabilities, and no one offered services to help, even after he had been kicked out of 8?? YES! 8 different schools. Well I called on my husband to go and get him. My husband did not want to go because he never had license, and they had been suspended by child support. I begged him to go because I did not want her to carry through with calling child service. He said okay. well he got to him just in time, but on the way home he was stopped for no apparent reason by the police. I think it was because our car was a 1992 Grand Marquis and it need a paint really bad, it was a dull shaded gray and it had tinted windows. (legal % of tints)

The police gave him a ticket for no vaild license. He was in a reck because he did not want to go back to jail. He was facing 13 years if he received a new charge while on probation. And as you already know that citation was a criminal violation. He contemplated on telling his officer, but he did when he reported in September. She knew about his traffic citation and she said nothing.She said she was not concerned about the ticket, but his payments to probation and his payments to child support because she had recevied a call from his ex-wife stating that if he did not pay, she wanted a warrant out for his arrest. She did not violate him, and allowed him to walk out of the office until his October report.

Well October 3, 2007 comes and he reports to her office as normal, and advise her we were moving to Miami, because things had gotten so hard for us, and we had received and eviction, a final notice on our lights, and our phone was being diconnected and I had lost my job. She said when he is ready to move let her know of the address so Miami can approve the location. We moved on October 8, 2007. He reported to his new officer on October 15th, and everything was okay. He got a job working for a resturant, and working with my step-dad at his comapny. I also obatained employment. He also had went to court for the citation he received on August 13th, and the judge said that if he obatined his license by Jan.9th, 2008 She would throw the charge out. He had started sending payments to child support ($1000.00) out of $27,000, and they lifted the 2 suspensions he had on his license. He was in the process of paying for a citation he received in 2001 so he could receive his D-6 clearance to obtain his license.

On Thursday, November 1, 2007 he report as normal at 8:00am, and on the way there, we were talking, and he was so excited about seeing thanksgiving & christmas for the 1st time in 6 years. Me and our new son jay'den walked him in the see the officer. She asked him about a ticket he received in August, and he said Yes.( he never hid anthing from his officers. He always told the truth) Well, she said officer Mazzella submitted the citiation info to his judge in collier county, and they issued a warrant for his arrest. She said she hate to do it, but she had to take him into custody.

My heart fell into my stomach, because he finally started to see progress after 5 months of being down and not being able to take care of his family. He cried, and looked at me as if he was saying is this really happening. He looked as if he wanted me to shake him and wake him up from this nightmare. My 6 month old son saw it all. We can't afford a lawyer so it is a possiblity that he may have his probatio revoked, and he may end up serving 13 years in prision. I did not even know how the tell our children Dariyelle, Anthony, Chianti, and Jay'den where their father went. I told them he went on a business trip.

My question is how is it possible for his previous officer to wait 2 months to violate him on a charge after he told her about it, and she did nothing, but when he transferred his probation to Miami, she sent the paperwork to collier county? Please help me. I'm trying to find out if she can do that. And will it be possible for him to get a second chance at freedom?

***NOTE: Sorry to be so detailed and long winded, but I did not want to leave out any details, so you would understand how he got in this situation.

It is odd but not illegal.

But you could ask a court to intervene if you can show there are other wrongful reasons for why this occurring.

You would neeed to strongly prove the point.

This is how I describe being "rail roaded" through the system. It sounds similiar to what I am dealing with. Not in context, but situation.

Michael was arrested 10/30/2007. He is innocent of the charges and his trial begins 12/11/2007. His Public Defender states that the Prosecution has a "very weak case". But, in the meantime back at the ranch....

My man is facing at LEAST a one year term back to prison for being "violated" on parole because of his arrest. The odd thing is, he should technically not even be on parole because the length of his parole is in violation of California Penal Code - Section 3000, that states he can not be held on parole longer than three years.(as long as he has met certain provisions) Which he did.

According to our facts and documents, his period of parole should have ended last December 2007. And, if it wasn't, then he should've been notified and been given the extra-ordinary reason why is wasn't by the Parole Board. His previous requests for review and/or release went ignorred by the DOC and his flakey Parole Officer.

My man was also making great strides in ligitimizing his life and has shown accountability for his actions in every day life. He has not been arrested for any drug offenses, sexual offenses, or violent offenses.

Now my life is also been turned upside down and it feels like my freedom, liberty, and rights have been stripped from me as well...just the same as if I would have been before the magistrate and sentenced to prison...it sucks.

Stay strong girl and I will pray for you and your family. He ain't gonna go back for 13 years...thats ludicris! Everythings gonna be alright...

[rayrodg]

I'm a criminal defense attorney in Texas but practiced in Palm Beach County for five years. Email me with the name of the judge. If he got probation on a burg and sex battery I tend to believe it was a very weak cases but those are called "sucker pleas" because the state offers probation on weak sex offense cases to catch the defendant on the back end for violating probation. His case is very serious and could end on a time served and finish paper to a long DOC sentence as burg with sex battery carries a life sentence as the maximum guidelines in the 10-15 year range. Florida has no parole so you need a very good attorney and hope for a reasonable judge Good luck.

I did not know that. Wow, good heads up.