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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23601
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a 42 yo disabled woman with fibromyalgia and chronic

Customer Question

I am a 42 yo disabled woman with fibromyalgia and chronic fatigue syndrome. In Feb, I (unknown to him) abruptly stopped a med for bipolar, became manic and assaulted my husband. I scratched his arms. I don't remember the whole thing. I was found not guilty of assault due to insanity. The police told my husband of 10 yrs to put a restraining order against me. I spent several months in psychiatric wards due to the trauma. How cruel of my husband.I violated the peace order by coming home from a psych hospital to shower and put on a nice outfit the day of court(in May), my husband was irrational and listened to the police who said that I needed to be taught a lesson, not knowing that i am so ill. I was arrested and incarcerated 15 days. My husband and i worked things out (we were separated) and he will make sure I take my meds. Yesterday, the judge lifted the peace order...it was such a battle...we hired a lawyer. I can live with my husband. He is sorry for what he did to me. i see a psychiatrist, ordered by probation officer whom i see every 2 weeks. I have all anxiety d/o's you can think of. PTSD and social phobia and anxiety so severe. The problem is, my P. O. is so cruel, she yells at me, talks to me like an animal, interrogating, belitteling, intimidates, calls me a lier, acts she doesn't believe me stress of her probation makes me bedridden and physically ill (stress makes fibro worse). when i told her she hurt me feelings, she got angry that i was assertive and said she would treat me harsher. This is making my bipolar, anxiety, and pain much, much worse, my depression almost untreatable. why am i on probation if the restraing order was lifted? She said i am accused of domestic violence. I talked to her supervisor about the abuse. He hung up on me and sided with me. I called adult protective services b/c i am a vulnerable adult and was told she'd only be in trouble if she physically hurt me. My psychiatrist said her cruel demeanor should only be reserved for people with antisocial features (no conscience). Can my lawyer write a letter to the judge? That would take 1-2 months to work. I started probation 1 month ago. I wish my life away and the constant stress and punishment is more than I can handle. I am very sensitive. She thinks I'm rude b/c I try to be assertive back to her.
Thanks
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Please take me off list for further help in further months and please confirm this. I didn't understand that policy. thanks
Expert:  Zoey_ JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced criminal lawyer.

You mention having been found not guilty of assault, but how is it that you are on probation? Were you convicted of something else or did you plead guilty to another offense?

Expert:  Zoey_ JD replied 1 year ago.

I was hoping to have heard from you, but I can give you a preliminary answer at this time, and you can reply with follow ups if you need clarification or would like to give me more information and/or ask a follow up.

Unfortunately, as a criminal lawyer, I don't get to give a lot of good news either to customers or clients. The criminal justice system is a harsh one. Criminal defendants are not supposed to like it, and they have plenty of reasons not to.

Probation is a hugely powerful organization, and if you are sentenced to probation, it controls your liberty. Many probationers complain that their PO is on a power trip and that they are treated rudely or unfairly. While they are/you are probably entirely correct in your analysis, in my experience, the quickest way to get your probation officer off of your back is to do as you're told without complaining about it. Then your PO will pick on someone else and leave you alone because he or she will know he can't push your buttons and provoke an incident.

With strong-willed people there is a tendency to want to push back when someone comes at you the way your PO does. I understand why you want to react that way, but you can't. All of the cards in the deck right now are held by the department of probation. If they cannot work with you, you can be violated and end up doing more time in jail.

Probationers are almost entirely without rights. The most important right they have left is a right to a hearing in front of a judge if you think your PO's dictates are unfair. A judge has the power to order a change of your PO, which he may well do because of the very unusual circumstances behind your case.

You need to talk to your lawyer and decide with him if you want to make an issue of this by bringing this up in front of the judge.

I'm sorry not to have better news for you, but being expected to do as ordered is a given when you are on probation or parole. Go with the program, and your PO will ease up. Otherwise, you need to brainstorm with your lawyer to see if he thinks a change of PO will solve the problem or whether there are any other non-incarceratory alternatives in view of your medical history.

Expert:  Zoey_ JD replied 1 year ago.

If you are looking for a phone call to ensure that you are not on some list for further help in further months, please contact customer service at***@******.***.