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Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
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I Am on probation for growing pot. My probation Officer wants

Customer Question

I Am on probation for growing pot. My probation Officer wants me to pay for a sex offened treament on a case that happend 28 years ago. I did treament 28 years ago.Can I say no to the treament? And if not i dont have the money at this time what can he do?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Stevexo replied 4 years ago.
Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. This is very srtange. Orders of probation must be stated in your orders of probation issued by the court. You need to take a look at them and see if this treatment is specified, and or you agreed to it. If it has not been ordered, and it does not rationaslly ralate to a pot case( and I do not see how it does), then if this is a condition only your officer imposed it should not be valid. If not vaslid then it cannot form the basis of a violation. Before you say no and perhaps get violated, you want to know you are right. Have local counsel look at your probation order and they can tell you. Just from what you have stated it does not sound proper that you legally could be ordered while on the pot probation, to do treatment that was not ordered(I am assuming this) and not related, to the crime you are on probation for. You can always say no to the treatment, the issue is if you say no, can it really be a violation. If it really is a violation and you do not have the ability to pay, and there is no free facility you could go to, (as usually the State has these), then your non ability to pay is a total defense to not getting into the program. That does not mean your officer will not violate you, it means if this happens they should, if the law is followed, not be able to prove it. Also if you have already completed it, I see no authority to order it again. Sincerely, Steve