if a minor that is certified as an adult on provation for a crime and been on provation for 6 months does his provation officer have the authority to question him for an hour about the case insident can a probation officer violate a minor for two letters that where received at his home from cell mate even though his been doing good and staying out of trouble
Country relating to Question: United States
State (if USA): Nevada
Hello Jacustomer,Unfortunately, he could. Don't forget that probationers don't have the same rights that you or I would have. He's basically on a suspended sentence, and the only thing that willl keep him out of jail is cooperating with everything his probation officer tells him to do. It is a standard provision of probation contracts that a probationer refrain from any kind of contact with people with a criminal history.There are two kinds of violations. The first involve a new criminal case. The second kind consists of technical violations. Technicals are not crimes but are still violations of probations rules. Such thiings as mixing with people who have a Criminal Record, failing to be honest with your probation officer, missing your appointment with your PO, turning out "dirty" on a drug test -- these are technicals. Now, just because probation violates, that doesn't mean that the probationer is going to end up resentenced to jail. It all will come down to whether probation still wants to work with the defendant. They have the power to let the minor off with a warning, for example and some closer supervision, for example, as well as asking for probation to be revoked and all kinds of things in between.Though probation can be hard to second-guess, what they will look at is the underlying case that got him on probation, his personal and criminal history, the nature of the violation itself, and the defendant's track record on probation. Has he been in compliance and does he get along with his probation officer, or is he a troublemaker who has been violated before? All of these factors and more get weighed into probation's determination.The receipt of two letters in the mail does not sound like something that probation would be likely to revoke for, particularly when he's been staying out of all trouble. If they violate him, in my experience, there will only be a fairly light sanction -- just enough to remind him that he has to put what probation wants first until he's finally done with it.
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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