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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25521
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello. I was informed today by my probation officer that I

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Hello. I was informed today by my probation officer that I might be in violation due to the fact that I have not been on medication for depression however, my psychiatrist did not give me a prescription for any medication. I believe there was some misunderstanding between me and my psychiatrist that resulted in me being off medication since they had rescheduled my appointment a month previously resulting in a month delay for the appointment and thus causing me to run out of medication. It should be noted that when I finally got to my appointment the psychiatrist took me off medication after asking several questions about my mood. I didn't realize simply not being medicated would be cause for violation since it is seen by the probation officer that I am not seeking any mental health treatment even though I am in fact going to see a psychiatrist and have a future appointment. I seriously do not think going back to jail will solve this problem but perhaps a different psychiatrist and a new prescription? Should I seek out a new psychiatrist and get on medication before my next meeting with the probation officer? I have not been violated as of yet but my next appointment with the probation officer is 10/16/2013 or I may get called in for a drug screen and they may issue a warrant for my arrest then. I feel like I have been tricked.
Hi Jacustomer,

My name is XXXXX XXXXX I am a criminal lawyer.

Probation cannot make you stay on medication if your physician feels that medically you no longer need to take it. I think you should explain the situation to your present psychiatrist and see what he tells you. If he says you don't belong on the meds he took you off of, then sign a release with your doctor which would allow your probation officer or the judge to talk to him about your medication issues.

This looks like a misunderstanding to me and they can likely iron it out without you having to worry about being violated.
Customer: replied 3 years ago.

I am worried that my probation officer is of the opinion that the psychiatrist took me off medication simply because I was "refusing" to take medication as opposed to not taking medication due to running out. I think I'm in trouble because I had offered to pay my probation supervision fee during the beginning of the meeting and she later did not take payment. She either forgot or is trying to save me money? Also to complicate matters I have two different probation officers. One for local and one for state for three separate charges. I go and see my state probation officer next week. Should I go see a different psychiatrist and get on medication before then as a precaution or does this somehow make me guilty of violating my probation?

Hello Justin,

What you're worried about is clear. If you really were refusing to take your medication, then talking to your physician and goiong back on your meds will solve this whole problem. If you were NOT refusing to take your meds, this is why you have to sign a release to let probation or the judge talk to your doctor. They may not believe you if they think you did refuse to take meds. But they will believe your doctor when he says you did not refuse meds but that he took you off of the medication.

Probation and the court don't make medical decisions. If your doctor will confirm that you didn't refuse to take meds they will not violate you for following your doctor's advice.
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