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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23575
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Dose the Arizona department of corrections parole department

Customer Question

dose the Arizona department of corrections parole department have the authority to threaten a parole with prison if he dose not stop taking a prescribed medication immediately by a licensed pain management doctor?.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Unfortunately, there is no clear cut answer to your question because as far as I can tell from a quick initial review of case law the issue has not been addressed by the courts.
I can offer my thoughts on the issue for you if you would like and discuss the matter or I can opt out and open the question back up but almost certainly all of the other experts are going to have the same position as I am.
Customer: replied 1 year ago.
this is the same response we seem to be getting from all avenues of endeavors . I am getting frustrated with everyone not being able to give me help with this problem!
Expert:  Dwayne B. replied 1 year ago.
The problem you are having is, unfortunately, not unusual if it is a new question of law. If you want me to opt out I will be more than happy to do so but you are not likely to find anyone that is going to be able to give you an absolute answer on this because no one knows the answer until the courts issue their ruling.
I'm reasonably certain I know how the question would ultimately be decided but there is no quick solution.
Customer: replied 1 year ago.
Your response was good but just not what I was hoping to hear. Thank You for your thoughts on this matter. I still can't grasp how a parole officer can threaten me with more prison time when I am under doctors care for surgery and removal of 50% of my left lung.!
Expert:  Dwayne B. replied 1 year ago.
I'll wish you the best then and opt out.
Customer: replied 1 year ago.
Thank You! Dwayne B.
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Unfortunately, Parole holds the key to your continued liberty and if they tell you they will violate you if you continue on a prescribed controlled substance, there is no reason to believe that they won't do it.
They can do it because there is no law in your state under either state or case law that says they can't. That means you'd have to make law, which would mean a lawyer.
If this is necessary medical care, you shouldn't be denied it. A call to the American Civil Liberties Union (ACLU.org) may get you to a lawyer who would take this on. The ACLU addresses injustice and inmate and defendants' rights all across the country and they may already be involved in this area.
Good luck.