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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23414
Experience:  9+ years defending Misdemeanor and Felony cases.
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My son got messed up with drugs & was sentenced to a rehab/halfway

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My son got messed up with drugs & was sentenced to a rehab/halfway house for 5 months. He got out in May & was put on probation. He was initially going to his probation meetins and then stopped going as he started to relapse. His probation officer did nothing to look for him or make contact with him, even though she knew where he worked. This went on for four months where his p.o. just simply didn't care or try to make contact with him. So he continued to spiral further out of control, I know that was his choice, but isn't it their job to make sure they keep in contact to keep them on the straight road. I know my son also has the responsiblity & choice to stay clean, but I wonder why we as taxpayers pay these probation officers if they do absolutely nothing. What a waste of taxpayers money. Is there anything I can do?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Did his PO ever violate him? Was a warrant issued for his arrest? Where is he now and what is the status of his case?
Customer: replied 3 years ago.

Yes, there was an active warrant for his arrest. But she knew where he worked, don't understand why she didn't try contacting him at work. Aren't they there to help them? He is currently incarcerated for that violation & awaiting sentencing. I just don't understand why for four months he was living & working like you & I and no one bothered to find him at work. They could have even called me or his father to ask about him as they know us both & they never bother to even call & tell us there was an active warrant for his arrest . Four months of not notifying his parents or trying to find him. Isn't that their job??

Sharie, thank you for the additional information and I understand your concern as a parent. The job/role of a probation officer is to make sure that the individual is complying with the terms and conditions of their probationary sentence. When a probation meeting is missed, probation should try and reach out to the defendant and see 1) where they are and 2) why they failed to report. While I understand the point you are making with them trying to help him, they are not obligated to do so. His PO may have likely called him to advise of the missed meeting and should have asked that he return the call or report. The responsibility falls on him, since he is the person who is being supervised and expected to comply. If he had a relapse and missed his meetings and failed to report, it could have been a result of a possible dirty drug test, which he wanted to avoid as well. His PO is not a counselor, who is supposed to help. They are there to supervise and makes sure he complies with his probation and when he fails to do so, report back to the court, so action can be taken. Moreover, probation does not have to reach out and contact any family member or friends, if they do not want to nor should they be sharing or disclosing information about who they are supervising. Probation officers often have a heavy case load of clients to manage and as adults, expect everyone to comply. Even if she made contact with him or located him, she can not force him to report. The fact that he had a relapse is certainly something which he should advise the court of, at his violation of probation hearing and seeing that he did not pick up a new charge and this was a technical violation, can see if they would reinstate the probation and require additional treatment, to get him help.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 3 years ago.

What do you mean by a "technical violation"?

A technical violation is when a person on probation fails to comply with a term or condition of probation. This is different then a violation where they pick up a new charge and commit a new crime.

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