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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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my sister is on probation for the next 3 years. she lives with

Customer Question

my sister is on probation for the next 3 years. she lives with me and my family and i pay everything she and her daughter needs. her probation officer came for a house visit today with the probation supervisor and another person (i believe another probation officer). the other probation officer asked my sister how long it had been since her last job and she responded over a year. the probation officer told her she had 2 weeks to get a job or else she and her daughter would have to move to a halfway house. she has been looking for jobs and her probation officer has a list of the places she applied and her job interviews. the question is can they make her move to a halfway house?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Why is your sister on probation?

Do you know if "finding employment" is part of the sentencing Order that the judge signed?

How long has she been on probation?

Thanks
Customer: replied 1 year ago.
she is on probation for stolen vehicle. she did almost 3 years in prison.the judge said she needed to be looking for employment, be employed or go to school. she has been on probation for 2 years. but while on probation she got another ticket and her probation started all over again.
Customer: replied 1 year ago.
she has been looking for work but its really hard with her background
Expert:  xavierjd replied 1 year ago.
Hi Liz,

Thanks for the information. I want to look up a few things for you. I will be back with an answer for you asap. It may take some time.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Liz,

I certainly understand how hard it is for a person with a felony conviction (or even a misdemeanor conviction) to obtain work. Employers regularly run criminal background checks on potential employees. If a criminal conviction shows up for a potential employee, the employer usually passes over that person. Additionally, the economy is not the best right now. Usually there are more people seeking employment than there are jobs.

I do need a little more information. Is you sister on PAROLE or PROBATION? There is a difference, and in order for me to give you an appropriate answer, I need to know.

Thanks
Customer: replied 1 year ago.
probation
Expert:  xavierjd replied 1 year ago.
Hi Liz,

Thanks for the information. I will be back with you asap.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Liz,

The judge imposes terms of probation. The probation officer makes sure that the probationer follows the terms of probation as set forth by the judge.

In Arizona, there is a statute that sets forth the Uniform Conditions of Supervised Probation that judges use. Along with the "standard" probationary conditions, the judge may also impose additional conditions, but must do so in writing and with the reason for imposing the additional condition.

Employment is a standard condition of probation. Below is a link to the Uniform Conditions of Supervised Probation and the form that judges use when placing a person on probation. Page 2 provides the actual form.

http://www.azcourts.gov/Portals/0/admcode/pdfcurrentcode/6-207_Amended_4-14-10.pdf


The probation officer can bring the fact that your sister has not obtained employment (as mandated by the judge) to the judge's attention. A hearing will be held to determine whether your sister is in violation of probation, and if so, what the penalty will be. The judge COULD put your sister back in jail for the balance of the time set forth by the judge in the original sentence.

For your information, below is a link to the statute that sets forth the powers and duties of a probation officer.

http://www.azcourts.gov/Portals/0/admcode/pdfcurrentcode/6-105_Amended_3-11-10.pdf

Your sister should be seeking employment on a daily basis AND making copies of any applications that she fills out for employment. It shouldn't matter if the employment is part time or full time, so long as she is employed. If your sister can show the probation officer and/or the judge that she is actively seeking employment (eg. by showing copies of applications that were filled out, or when and where she went seeking employment).

If your sister can go to school for a trade or other licensed profession, and show proof of the classes, it MAY replace the employment requirement. However, that will be up to the judge.

So, in summary, the probation officer can seek to violate your sister's probation. If your sister is found guilty of the violation, the probation officer can ask the judge to place her into a half way house. Even if your sister is complying with all of the other terms of her probation, she can still be violated for not being employed.

Your sister may wish to contact an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal charge. She can discuss the specific facts of her case, evaluate her options and decide how to proceed.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.
so she will have to be violated and the judge has to determin if she goes to a halfway house? so basically the probation officer does not have the right to come and take her out of the house and take her to a halfway house? is this correct?
Expert:  xavierjd replied 1 year ago.
Hi Liz,

A probation officer may take a probationer to jail and petition the court for a violation of probation. The court will request that the defendant prove their innocence at an Order to Show Cause hearing. If the defendant is unable to challenge the violation at the hearing, the officer or prosecutor may request that additional conditions of probation be imposed, that the duration be extended, or that a period of incarceration be ordered, followed by a return to probation.

 

If a violation is found, the severity of the penalties may depend upon the facts of the original offense, the facts of the violation, and the probationer's criminal history.

So, the probation officer has "limited police powers" and can remove your sister from the home. However, your sister would be taken to jail until she is arraigned on the probation violation, a bond is set, and a hearing is held. Unless the Order of Probation stated otherwise, I do not believe that the probation officer would take your sister to a half way house. The probation officer could take your sister to jail, but it would be up to the judge as to any punishment and/or change of the terms of probation.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 8 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Liz,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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