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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26812
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am charge with assault 2 none violent, I am now currently

Customer Question

I am charge with assault 2 none violent, I am now currently supervise by my probation officer, I would like to know what are my rights from being supervise? my probation officer have stipulation and a quite rules, I wonder if am treated in fair right professionally manner for one I cant live on my addressed I was living in before my crime, secondly, I receive calls quite often, even she knows the matter. I was also place on curfew, I am now taking a class evaluation,I have ta***** *****e detector test that I am ordered to do. which I was told that I'm responsible of paying the cost of this class, which I already started. I am seeing my probation officer once a week. are this supervision is right? ''I wrote a request to modified the stipulation, and the answer I received is 'no'', this is placing hardships, burdens and effecting my family and so much to my self. I have never break any of my probation officer rules, will you may kindly address me of my rights... I greatly appreciated.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Unfortunately, as a probationer, you waived almost all of your rights in order to remain out of jail. You agreed to be bound by the requirements set by your probation officer, and you know that failing to perform those requirements can get you violated and to lose your liberty.
Probation is not easy. You're not in jail, but you're not really at liberty either. Probation can impose what restrictions it feels are appropriate upon you and require you to comply with them. What it can't do is impose arbitrary requirements on you, simply because they have the power.
One right you have is the right to a hearing. The judge who sentenced you has the power to overrule probation. If your lawyer prepared a formal motion to modify and it's been denied, that, unfortunately, would likely mean that at this time, the judge is siding with probation. But you can talk to the lawyer who represented you on your case and see if he can find a different route for you to get some relief from your financial burden.

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