The Nassau County District Attorney’s Office is investigating allegations that a Probation Department Supervisor may have altered a report to benefit a probationer.

The probationer, Edwin Flores, was on probation for a 2011 assault charge.  His probation officer recommended that his probation be violated for a number of reasons, including failing to report to probation, failing to attend anger management classes, and associating with gang members.

The probation officer’s recommendations were changed by her supervisor, and the file has gone missing.

Mr. Flores has since been arrested for an alleged armed carjacking.

It strikes me as very unusual that a Violation of Probation charge was not immediately brought in this case. The Nassau County Probation Department is not known for being shy about violating someone’s probation. In my experience, supervisors will sometimes override a probation officer’s recommendation, but only to bring a violation when a person’s probationer officer wants to give his or her probationer a second chance.

New York Penal Law Section 65 governs probation laws.

Nassau County Executive Ed Mangano stated that his office initiated the investigation by District Attorney Kathleen Rice.  John Fowle, the acting director of the Nassau County Probation Department, has not spoken publicly about the incident.

This has the makings of another scandal for Nassau County. We have previously published articles about Nassau’s crime lab woes and problems at the Nassau County Correctional Center.

Please be aware that nothing contained in this article should be construed as offering legal advice. If you or a loved one are personally facing criminal charges and are seeking advice, consult an attorney of your choice.

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