Member Submission: Survival Tips and Successes
Living on the registry is punitive enough, but when you are also on sex offense probation, life is even worse. Besides the ankle monitor and the strict liability laws that go with it, everyone agrees that SO probation is far worse than any other type of probation, including that for released murderers. We have a member that would like to share with our other members some survival tips and success stories he has experienced while currently being on probation.
We encourage other members, whether a person forced to be on the registry or a family member or a friend, to submit your survival tips or success stories while on the registry in hopes that there might be an individual(s) who could profit from hearing about your experiences. You can send these submissions to media@floridaactioncommittee.org. Your name will not be used.
The following is an FAC member’s submission:
Yes, probation stinks but:
Anyone currently on probation or who has been on probation in the past knows how ridiculous the conditions are. The conditions have evolved over the years and frankly in some cases are very difficult for some probationers to comply with whether they want to or not. But for their sake, in this message, I would like to concentrate on the things that I found have helped me to more positively work with probation and benefit from my efforts.
I completed my parenting class, anger management class, drug and alcohol, and financial class while I was incarcerated. By doing so, I reduced my commitments when I got home allowing me to concentrate on other things.
In the first 10 months of being on 10 years of SO probation I completed my community service, found a way to pay off my court expenses and complete the court ordered SO therapy.
I made my mind up the day I was sentenced and the judge read the conditions of my probation in the courtroom that I was not going to let my probation get in my way of renewing my life and my life with my family and friends.
I don’t tell you what I accomplished while I was away and since I’ve been home for any other reason but to share with you how it helped me. I filed two motions last year. One being for rights to be around kids and the other to access the internet. Having all the certificates I earned in prison plus the things I’ve accomplished at home, I earned the respect of my PO and others in the system that allowed my two motions to be awarded without objection in 8 months of being home. Having my probation modified helped make a bad situation a little bit better.
It’s the effort of doing what is required of us, like it or not, that the PO and others including judges look for to see how we are progressing at home. When you go before a judge for probation modifications, the judge wants to see something positive. They see negative every day. They also want to see support for you from your PO. I have encouraged others in my SO group therapy to do the work, complete the course and earn some positive accomplishments for themselves and to let their PO know they are serious about successfully completing their probation. Maybe even file to have it terminate early. Most importantly, eliminate something they really don’t like doing like paying $20 a week attending group therapy. It would be easy to say that I don’t care what the court or the PO think about me but in reality I do because for now they control a part of my life
If you have a loved one still serving time, encourage them to take every certification program they can while inside. Bring those certificates home with them. When they get home, have them get to work and complete as much of their requirements and get them behind them. Getting the conditions done is a feeling of accomplishment and lets everyone know that we will not let probation completely rule our lives. Sure, I have ups and downs still being on probation. A visit with my nephews or nieces and being able to type this email helps bring me back up.
Make the choice to make the best of a bad thing.
The system is banking on you not completing your probation or any of your court ordered things. Statistically, if you’re on probation, you have some sort of an issue with completing many of life’s tasks, such as school and holding a job for any length of time. This is exactly what they are counting on because the majority of the people in this situation are either very young and headstrong or old and simply don’t give a crap about anything anymore. The incentive on the state’s end is simply money by keeping warm bodies in jail they get money from the federal government just for you being there. If you’re not there, they don’t get that money. Even if you do happen to make it out of the system they’re going to keep you in the system by keeping you on their industry which again gives them more federal dollars just to have your name on a list.
It is good that a member has been able to use the system to get back into life. Personally, I took all the required classes both in and out of incarceration and I found them to be total BS. My situation was a one time event, I knew what had encouraged it, and I did not need some educated idiot to correct my actions. I was quite capable of doing that myself. I found the system to be more of a hindrance than a help. My victim and I were doing quite well in resolving the situation until the system stuck its nose where neither of us believed it belonged. We have too many bureaucrats who believe they must interfere in order to justify their existence and pay check.
Generally takes 3 to 4 years to complete SO therapy in FL. Have no idea how you completed in 10 months, but more power to you, and mine was $50 a week.
Also, I have never heard of a prosecutor not objecting to any modification or early termination no matter how well you are doing, and have completed your court ordered commitmants.
My lawyer handles SO cases in FL regularly and in my case as well as others he handled, prosecutor always objects to early term, no matter your accomplishments.
And to see and have contact with children on probation. Very unusual in FL unless strictly supervised by guardian.
Is this person from Florida?
Jed
I had my probation terminated in January. Five years early. The prosecutor did not object to the termination. So, it does happen, although not very often I’d guess. I completed class in 12 months. However, I had one PO who was decent, and another who tried so hard to get me to commit a violation. What l think it boils down to is your case is your case.
I totally agree with you and I too will leave my advice later on today when work is over. I just couldn’t allow your personal experience and reflection
stand-alone in silence.
My 2¢ : What you’ll be able to do / not do mainly falls down to what kind of PO you get. I lucked out and got a good one who gives me a ton of leeway. Not everyone gets that though, and you could end up with one that micromanages your life and adds tons of extra restrictions that others like me don’t have to deal with.
I found that the driving logs are a real pain, and should be completely unnecessary if you’re on GPS monitoring anyway. But nobody who wrote the law thought to make that exception. Having to explain to people who don’t know you’re on probation traveling with you in your car why you’re writing down everywhere you go in your log is embarrassing. My suggestion is to instead jot it down in your phone and fill in the paper version later. It just looks like you’re texting a lot, and won’t raise questions as easily. Another probationer told me early on that they don’t expect you to log things like gas stations and drive-thrus. The general guideline is if you’re somewhere for 15 minutes plus, you should log it. Otherwise, you can just leave off some places you go like those pit stops.
I suggest doing some admirable volunteer work when you can, and make sure your PO knows about it. It makes you look good, helps the community, and could help you out in court later.
The GPS monitors are also a huge pain. The equipment I’m currently stuck with has tons of annoying flaws in its operation. I have spam calls that ring it numerous times a day. The only way I can handle it is to just stick it on Vibrate Only and completely ignore any calls. If my PO or the center want to talk to me, they always just call my cell phone anyway. It’s hard for new people to get used to bringing the box around with you even around the house somewhat, and hopefully you won’t get a PO who gets pissy about occasional short “bracelet gone” alerts.
“Treatment” group is nothing but a money racket. Just go in an do your best academy award performance to get through it. Say what they want you to say, and don’t challenge anything! Go with the flow, and don’t make your counsellor mad at you about anything. They can get you violated quickly over petty stuff. Get the program over with asap. I personally found the ITM Group to be unbearably long and too-aggressive polygraphers so I switched away from them after years of wasted time for a private provider with a much shorter duration and hired my own polygrapher. You can fire ITM if you can find somewhere else, if your PO lets you switch, and you have the money.
I could go on and on with this subject, but those are just a few tidbits I had to share.
I was sentenced to 10 yrs of probation and fortunately for me my probation time also included the time I spent in county jail, so after being released from jail I was already almost a full yr into my probation time.
I had the long list of conditions along with the ankle monitor, but I was able to manage these conditions with some ease.
First, I did not want to be in the state sponsored group therapy. I found it unhelpful, guilt oriented and geared towards keeping you there indefinitely. I was able to successfully motion the court to move to a private therapist and although it cost more money, it afforded me the opportunity to complete therapy in private setting and in a reasonable amount of time.
I was also fairly lucky in the the PO assigned to me took an instant liking to me. Often when she would visit we would sit and have coffee and she shared much about her family and honestly seemed pleased knowing me. She would often say that someone like me did not belong on probation.
The only real hindrance I was unable to remove was the ankle monitor. My motion failed in court , even though the judge admitted in open court that I was an exemplary probationer and he wished he had the authority to just remove that condition.
Luckily after completing a little over half my term, really even less since jail was counted, I was successfully released from probation.
Although I know some people had or are having a hard time with probation, I myself found it easy to complete. I found ways to entertain myself, such as shopping, traveling back and forth in my county. Exploring areas of my county I had never seen. I went to museums, movies (pre pandemic), fairgrounds, flea markets, farmers markets and anywhere else I was legally allowed to go to.
I am lucky that my county is one of the biggest in Florida so there were always new places to go.
I am happy it’s finally over. I’m happy I no longer wear that abrasive ankle monitor.
I sincerely wish any others still on probation a happy termination of their probations and please remember that a happy life is possible on probation as long as you focus more on what you can do rather than what you can’t.
If you went any where near a fairground you should have been immediately violated and returned to prison according to Fl law.
Strictly forbidden under Florida SO probation laws to go any where near where children congregate. Even a G rated movie is not allowed. Museums would not be allowed by my PO or I am sure lots of other places you went “exploring”, Of course city parks etc, (even if they have shopping and restaurants etc) not allowed, I was not even allowed to shop at malls, Had to shop at strip malls and such. Not allowed to respond to a hello by a minor, go near the toy section at Wal Mart or stores, etc.. or violation. You were very, very lucky you are not in prison for violations. If you found SO probation “easy” to complete, I promise you that you were looked over for many violations.
☝☝☝
You lucked the f out, Ex911Medic. What jed describes is what myself and most others I knew on supervision dealt with. It was a labyrinth of restrictions and off-the-cuff additions to those by the PO. I could have ask to use a water fountain and been told no. Frankly it was better just to use judgment on risk of getting caught rather than asking, because at least there was some plausible deniability there rather than being told “nahh, better not use public restrooms, could be minors congregating”.
I heard of POs that were rational in their restrictions, but mostly you heard of the opposite. The rumor is they believe their career is at risk if their subject commits a crime, so they’d rather VOP them to prison first.
Yes, almost everything on this post is irregular. I have had 9 different probation officers in the 5 years I have been on probation. I have never heard of anyone being on probation and having the same “nice” lady probationer the entire time.
Not one of them has ever accepted even a bottle of water from me and certainly not sat down with me to discuss their personal life over coffee!! PO’ s are supposed to maintain a supervisory, authoritative role and not become friendly or congenial to the probationer.
If fact i was told by one of the officers who would not accept an iced tea that they are forbidden to accept any food or drink, speak of any personal matters about their life or even to respond if they are asked if they are married and have a family or even what city they live in. It is strictly forbidden for the probationer and the PO to ask or even talk about the PO ‘s personal life. She could have been fired and he violated if ever found out by the supervisor.
One if them asked to use my rest room but told me that it is forbidden and to please never mention that he used it.
If the judge told him he was an exemplary probationer, he was definitely not aware of the many violations incurred by he and his probation officers.
My PO allows me to go some of the places you mentioned, so it’s not out of the question. What’s a violation and what isn’t is ultimately up to the discretion of Probation. I’m allowed to go to museums, malls, or whatever section of Walmart I want to. I know what my restrictions are with minors, and as long as Probation doesn’t have any reason to feel that I’ve violated those, they don’t seem to mind what I do otherwise at those places. I can’t visit parks or schools, because that’s specifically outlawed by statute. That’s why I commented earlier – the restrictiveness of your probation is majorly influenced by what kind of PO you end up with.
Per FL statutes, schools are definitely off limits per the loitering law with special enhancements. I do not believe parks are off limits at all in the state law.
If you are on probation, parks are off limits under the standard terms of probation. But, only while on probation and judges and POs can grant you exceptions. Same as any other term of supervision. It’s not a criminal law. Once released from supervision, only the criminal statutes apply, as most here understand. Those do not exclude parks. Unfortunately, some local ordinances do. I am lucky where I live and am able to take my kids to the park occasionally.
First let me address the fairground comment you made. My county fairgrounds is not strictly used for children, in fact most events there are nor for children at all. Flea markets, Farmer markets, car shows, crafting fairs. Your statement is blatantly false and didn’t apply to me.
Perhaps your GPS monitor was different then the rest of the community, because I shopped at malls, Walmart , lego stores and my PO never worried about it. My car logs always said exactly where I was. I ate at McDonald’s or any fast food place I wanted without fear. I went to the children’s science museum several times and was specifically advised by my PO that I could visit any museum I wanted.
I wasn’t allowed in parks, but I was at the beach and on the boardwalk and pier many times a month.
As for G rated movies, well I don’t usually want to see them, but being in a multiplex theater my PO never interrogated me as to what movies I was seeing.
Perhaps you weren’t a very good probationer. Idk .
Im sorry you had such a bad time, but don’t assume everyone else had as bad an experience as you did.
What you know and what you think you know are two very different things. Your blatantly false comment about fairgrounds is ignorant. The fairgrounds in my county are used for many types of events , only of which 2 that I’m aware of involve children. At our fairgrounds we have Flea markets, Farmers markets, RV shows, car shows, crafting festivals. None of those are for children and I logged my location on my driving log every single time over 4 years and with 4 different POs and never had an issue once.
As for malls and Walmart’s or any other stores. Maybe your GPS was more sensitive then the rest of the community, but I shopped the whole store , including toy depts and the wrath of GOD did not come down on me. No PO ever inquired about what section of a store I shopped in. What store in the mall I went to. Never once did any PO care if I ate at McDonald’s or not.
All I can say is every person on probation is on for different reasons. Idk what your specific conditions were and you certainly shouldn’t assume to know what mine were.
Yes I was home on Halloween like most others, but I could still go pretty much anywhere, except parks and schools and I did avoid indoor gaming centers. But I played mini putt putt and went to the beach often, without any consequences. I doubt very much that they all just overlooked it for any special reason. I read my conditions and I never violated a single one.
I also have an attorney on retainer throughout my probation to guide me and assist if anything did happen.
I was granted early term with no violations. What some of you are suggesting is that all my POs overlooked my numerous violations and that the judge also overlooked them and then in addition to that the judge then granted early term to me or you’re suggesting I’m making this up. I’d have to be really bored or psychotic to be up at almost 3 am just to waste my time making up stories. Some of you need to really rethink the way you deal with your own issues and not project your issues on others.
Probation experiences vary greatly depending on one’s conditions and whether one is state or Federal. Some of the state experiences I’m reading here would sound foreign to a Federal probationer. The US Probation Office belongs to a different branch of government than the US Bureau of Prisons, for example; there’s no incentive for your PO to send you back to the BOP, and doing so is a hassle for them, so just don’t put yourself in the position of making them do it. This is in contrast to state probation, which I’m told is connected to the Department of Corrections (correct me if I’m wrong).‘Federal Sex Offender Probation’ is not a thing, though your your Federal probation office may have certain standard interpretations of common sex offender conditions.
The PO’s job is to monitor and enforce your compliance with the release conditions that your court ordered for you at sentencing. Some of those conditions are standard, and some are special for you. The more conditions you have, the more effort required of both you and your PO.
Most sex offenders are ordered into treatment. There have been some unpleasant stories about them on this forum, but providers vary, and certain ones are actually very good and have helped people work through a variety of issues. Polygraph examiners vary also, but there are some who show respect and focus on appropriate and understandable questions.
The law does not forbid SO’s going where children gather. Except for certain counties, for certain types of places.
Obviously, if you have a condition against going where children gather, you should comply with this condition. Not everyone has it. Some SO’s on probation, take their kids to school. And remember that there may be significant differences between state and Federal.
As the other comments here reflect, your probation experience depends on your conditions, which can vary greatly from person to person.
Also let’s be careful about using this platform to publicly accuse other users of having violated the law. Especially when we don’t know that for a fact. A well-meaning person did that below, and I’m not sure it’s a good idea.
I think you’re replying to the wrong comment here. It seems more respondent to mine and jed’s comments below.
In any case, I don’t believe anyone accused anyone of violating any law. What was stated was that Ex911Medic might have violated the terms of his probation while they were on probation (sort of sounds like they are no longer). Nevertheless, it isn’t a violation of law, not the same, and he can’t be prosecuted for it no matter the case. If he were still on probation, it could theoretically be incriminating, but only if against his terms of probation. We don’t know his terms. Almost everyone has variances of some sort and POs that are free to interpret and enforce those rules as they see fit. It sounds like he had the most relaxed PO I’ve ever heard of, or it’s just made up entirely. Yes, it’s that far fetched based on my experience.
The FL state law does not prohibit persons required to register from going to all places that children congregate, no. But the standard terms of probation do. Since that’s the boilerplate, most FL subjects of supervision have this blanket and vague requirement of not being anywhere children congregate. What are those places? Who knows. It’s open to wide interpretation. Children can congregate anywhere, and this is sort of the problem. Can you go to the grocery store? Depends on who you ask. Sounds laughable, but it could be argued reasonably (sadly).
When did the justice system become a revolving door where all that matters is how many beds are filled in jails/prisons. Why even have a justice system when it sets people up for failure? Probation and parole are a joke with all these restrictions and if someone violates due to something beyond their control they get sent back. When a person does what the system wants they really is no incentive for being successful.
Where’s our right to live in freedom from the system after your sentence is up? Being on the registry is lifetime probation where the stacks are high and obstacles from being on it make the Himalayas look like hills.
I played the game or a year and a half and was revoked basically for being broke. Once released from that, I decided that I’d never again roll over for nonsense.
First, I refused to go to the same polygraph company. When I found another one, I made no secret that the procedure is a sham – polygraphists are no more lie detectors than they are brain surgeons. I called him out when he was obviously fishing and essentially told him I couldn’t care less what his conclusions were.
Later on, after reviewing the state mental health statutes, I found that the stupid program I was in violated virtually the entire code section. Rather than going to the court, I submitted ethical grievances against the company with every mental health organization they belonged to.
Afterward, the “treatment” providers fast-tracked me through their stupid program. My PO (a good one, by the way) told me after that that I didn’t have to do polygraphs anymore, which I kind of regret in a way; I’d love to take that requirement back to court.
Probation is a lot easier now. My PO drops by once a month and never comes in the house. A couple weeks later, a two-minute Google Meet.
What do these wizards think it’s easy for people to get jobs while having a record and being in prison for months or decades? It’s not like we’re them and can continue to break laws while they aren’t held accountable. The whole system is a joke and not even remotely funny. It’s sad that corruption and greed run our country. I believe something will give sooner or later hopefully soon because this is freaking ridiculous.
The best predictor of your probation experience is the conditions printed on your judgment order. No other factor comes close.
This discussion topic, by contrast, is NOT a good predictor, because conditions vary greatly by offender, and because it has spurred questionable legal advice. We are not a law firm, and “schools, parks, and county fairs are off-limits to you by state law” is not good advice unless your conditions or your PO tell you so. (I’m not trying to pick on everyone).
Read your conditions again and again.
Listen to your PO always.
Engage in recovery-bound activities that aren’t prohibited to you.
And, as someone pointed out below, you can still live a good life.
*’A good life remains within reach for many,’ I should have said. Am not trying to pick on anyone.
One way you can tell that everyone’s experience is different: those with one type of probation experience are accused below, of lying about their experience, by those who had a different experience.
Overall, when someone says, “this was my personal experience on probation,” I believe them over someone who doesn’t know them.
It’s all about your own conditions.
Not everyone on here was sentenced to probation or parole in Florida and unless they state that stop with accusations of violation. If you weren’t there at sentencing than you have no idea what the judge’s order was, so stop assuming with false pretenses.
He said he was on probation. I am not assuming anything. They are mandatory conditions of SO probation. In addition to normal probation conditions there is about a four page list of additional SO probation conditions including curfews, internet usage, minor contact, pornography and as well as the normal SO restrictions not related to probation. Most are legislative statutes that cannot be overridden even by a judge.
If he had an attorney he would have been told that wasting money on a hearing to remove his ankle bracelet was a non starter. The president of the United states or the governor could not remove that unless he was granted a full pardon, and I would not hold my breath for that.
Certain statutes like no contact with minors, being near places where minors congregate, and internet usage can be modified only with a successful risk assessment and judges order of modification. supervised contact, and limited monitoring of internet usage, are possible but only after risk assessments, as they are standard SO probations violations.
Having coffee and conversing about your PO’s family life is against all policy rules for Probation Officers, and at the very least would be grounds for demotion and a write up, and severe admonition to the probationer.
I am trying to keep others from following his suggestions of going to fairs and places where children congregate and asking you probation officer about their personal life, etc from getting a violation and being sent back to prison for these violations.
I don’t know about y’all, but I don’t thing group therapy is very helpful; private sessions don’t air your info to others. Polygraphs only detect changes, not actual lies. If one daydreams they’re in a place and believe they’re physically there, then that becomes the “truth.” I also wonder about people with anxiety problems and how many “lies” the polygraph registers; do sociopaths ace them?
The option to release one from probation early should be within a PO’s power and not reliant on the DA. Why bother with a chain of custody if he/she is just going to micromanage all of the offender supervision (jail, prison, parole/probation, etc)?
In NC, it was recommended that I take the SOAR (Sex Offender Accountability and Rehabilitation) program in prison; this was apparently some stuff my lawyer had heard about (or been pressured to push to the judge). However, as it was only a recommendation, as was Work Release, I didn’t HAVE to take it. I found out that only a few people got selected to go once a year and, more importantly, it wouldn’t have helped me the first lick, not as far as “making my levels” and be extremely lucky to do work release, nor treating the problem that got me in prison/the SOR, nor in the probation department throwing me a side of “give a damn.”
I learned in prison that my “risk level” would never go below a certain point; unrepentant murderers were given lower “risk levels.” This is apparently the same for my probation; I was sat down and told that I’d never get to just call in my status. While the frequent flyer druggies and thieves got to call in their status while cruising to another state, I’d need special permission to leave, would have to notify anytime I left the county, would have to come in the office every month, and my PO would stop by and see me a second time. Oh, and still take a drug test, despite never failing one or having a substance problem. The state decided that those with sex offenses are still too risky.
The polygraph should be removed from use in all facets of the criminal “justice” system. If it’s results are not admissible in course, then why is its use still permitted for those still “on paper” ??
There’s no such thing as “a four page list of additional SO probation conditions” issues by the Federal Southern District of Florida, Middle District of Florida, or Northern District of Florida, which together supervise hundreds, perhaps thousands, of RSOs. To suggest that the law prohibits being at fairgrounds, when it hasn’t been prohibited by a federal court, PO, or county ordinance, is not the best legal advice.
What WOULD be good advice, would be to read your own conditions, have your PO explain them to you and answer any questions, and live life as the law and your conditions allow. Your conditions are not my conditions, and vice versa.
I was on probation in Polk County, FL. I actually had a decent probation officer, but, I also made sure I did everything I could to show him that I was not a danger, and wanted everything to go smoothly.
Long story short, before I hit my halfway mark I informed him I was getting a lawyer and going to try for early termination if probation. He didn’t have a problem with it.
That being said, just over a week ago, the judge granted early termination of my probation.
I don’t know if I am allowed to put it here, but the lawyer was Mr Quisenberry from the Fernandez Law group in Orlando. Walked me through everything I needed to do. And gave me straight up answers for the questions I had.
I finished my probation in 2014 I done 4 years in state prison and 5 years paper. At first I had a turd for a probation officer. Her violation rate was 83percent. Violated twice on technical violations of supposedly not being truthful which was her saying she didn’t believe me . The questions she asked were nothing to do with my probation rules. So I told her what she could do with her questions. Of course I went to jail twice but the last time I got a different PO . Had no problems with the second officer. I thank the judge for seeing the BS of the first officer and making sure I got a different officer. The last one came to my house on the last day of probation and took off the monitor for me. So no I don’t recommend battling it out like I did but I got a better PO and successfully finished it all
I’m hesitant to critique the hard work of our volunteers, but I feel FAC is doing a disservice in its introduction to this Member Submission.
Someone who for the first time is realizing that they have committed, say, a Federal sex crime on the computer, should not be misled by FAC into assuming that they will be serving something called “sex offender probation” that includes “an ankle monitor.” Nor should FAC be asserting, without examination, that the experience will be worse than that of “released murderers.” FAC has not examined the paperwork of a murderer who’s been released, which is somewhat rare in any case (most sex offenders, unlike murderers, are eventually released to the community).
Why is this important? Because the inherent strength of FAC, and this movement in general, is that we have the facts on our side. They have the law on their side; we have the facts in ours, and that is how we challenge the law. But if FAC surrenders its grasp on the facts, and portrays its own speculation as fact, what remaining strength do we have left?
I disagree that this topic is a disservice. Sex offenders in Florida do indeed automatically have numerous restrictions that others on regular probation do not. Educate yourself on these laws before you criticize people trying to help each other survive this injustice.
Don’t put words in my mouth. I never said the topic was a disservice. Do you even read past the first paragraph?
Comments apply to state probation. Thank you for pointing out that federal is often different.
The comments were made by a defense attorney with years of litigation dealing with people on the registry.
When discussing probation, we MUST specify ‘state’ probation if that’s all we mean. Big distinction!