Legal Question in Criminal Law in Texas

My best friend is on probation for computer crimes. (Possession of Child Pornography to be specific)

Basically, he had downloaded thousands of movies and mp3 files, his house was raided by the feds, they took everything, and couldn't bust him for the movies and media. When he downloaded the movies and media, some other files were attached (child porn). It was even proven in court that the files had never been opened, but it didn't matter, they were still on his computer.

Back to the question. His case started in Louisiana, hurricane Katrina hit and he went to his home state (Wisconsin), and then was offered by an old adviser a chance to finish his education in Texas for free. So, he's a semester away from his BSc, has already been accepted into the PhD program at the same school, has had ZERO issues on probation (and he's been on probation over 5 years now).

About two weeks ago I was over at his place with my computer (we had a class together and had online homework, so I'd log onto his profile and would ask him the questions, and he'd tell me what he wanted me to write). His PO came by and got very upset that I was there. She asked how old I was, what was on my computer, and if I knew what he was on probation for. I asked if it really mattered and she got in my face and said it did. So I told her "possession of child pornography". She also saw that there were a few bags of recycling (lots of beer cans and cases) and was upset about that. We counted all the cat food cans (there were 45) and determined that it was a month and a half worth of recycling, and there was enough for about 2 beers per person (his roommate and himself) per day. No it's a non-issue since he's allowed to drink.

A week later he had a meeting with her and she is trying to send him back to Wisconsin, forbid him from having house guests, forbid him from drinking, and she is trying to get him to move to a place without roommates in 30 days. During his meeting, she also was having an argument with my friend and her supervisor caught her in a lie. It's like she has a personal vendetta against him.

Can probation force him to move back to Wisconsin, or move to a new place in 30 days even though he has no money to do so? Can they take away his alcohol and house guests? He didn't break any rules or do anything wrong. I felt like I was being harassed for no good reason and she made me feel very uncomfortable.

What can I do, what can he do, and is there anything that his PO has done so far that she shouldn't have given the circumstances?

Thank you for any help you may provide!!!


Asked on 8/09/14, 8:39 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Usually probation does not want the offenders they are taking care to move to another state. In any event she would have to request a hearing to modify the conditions of probation. Only the judge can modify probation conditions.

Often one of the conditions of probation is not to drink alcohol. Regarding house guests, unusually the requirement is to stay away from folks with a criminal record or folks doing bad things. Hence the questions to you.

In my view one of the primary functions of probation officers is to gather evidence to support a successful motion to revoke probation. PO's cannot change the conditions of probation only the court can. If they say it is OK do something, that might be in violation of the conditions, it is important to get written documentation, which they will be reluctant to provide. My suggested excuse is that they might suffer an accident and you are only trying to document their instructions.

I suggest he review his conditions of probation and make sure he does not do anything to violate them.

PO's are very good at being rude and making folks feel uncomfortable.

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Answered on 8/10/14, 6:44 am


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