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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117369
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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heres the situation. i need an opinion and some answers. my ...

Customer Question

heres the situation. i need an opinion and some answers. my question is if an individual is in violation of there probation and the probation officer then tells the individual that she is going to place the individual on a tether, and require the individual to drug test 1 time a week and report to probation also once a week. and continue probation . this offered for the punishment for being in violation. and the individual is agreeing to this andis expected. then on the court day that individual goes in for the hearing and probation officer has made different arrangements and is now placing individual in drugcourt. can they do that at the last minute? and should drugcourt be listed or added to the probation order? and if its not on order can that individual be in violation of probation for not complying with drugcourt?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 years ago.
The thing with probation and probation officers is that they can make recommendations to the court, but it is ultimately up to the court to decide. What happens in these instances is that many times a probation officer will tell the violator what they believe should be done, but when the probation officer discusses the matter with their supervisor or the prosecutor, the supervisor or prosecutor does not like the recommendation, so the probation officer must change it, this happens frequently and there is nothing prohibiting it, so they can change it. Once the matter is heard in open court, and the judge concurs, it is technically added to the probation order because it was done on the record. Therefore, if you do not comply with the drug court, you could be held in violation of probation.

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Customer: replied 9 years ago.
so then if drugcourt was never added to the probation order, can the individual be violated for not complying with drugcourt?
Expert:  Law Educator, Esq. replied 9 years ago.
Yes, you can be violated if when you went to court the judge ordered drug court or if the probation officer ordered you to drug court, even if it was not added to the probation order.

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