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About a month ago my son was called by a probation officer…

About a month ago my...
About a month ago my son was called by a probation officer and told to be home for a visit. This probation officer isn't his probation officer. When I asked why he was at my home he told me that my son's probation officer was aware of his visit and we came to find out that she wasn't and was on vacation. They have now violated his probation for missing an appointment. Can they do that?
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Answered in 1 minute by:
8/2/2016
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,706
Experience: 16 yrs. of experience including criminal law.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if your son can be sent to jail for missing an appointment with the probation department?

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Customer reply replied 2 years ago
I am asking if a probation officer other than my son's appointed probation officer can show up at the house when he isn't the probation officer without permission from his probation officer or his supervisor.
Customer reply replied 2 years ago
Is this legal?

Probation is managed by the court.
Probations officers work for the court.

There is no rule that prohibits one probation officer from covering the duties of another.
If your son was on notice of an appointment and he made the choice to not attend? That can be a basis to "violate" his probation

So yes...this is legal.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that your son has no worries but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 2 years ago
Even if he had an appointment with his appointed officer and this officer doesn't even handle his case? He can just take it upon himself to come to my house when he isn't the officer and no one, not even his supervisor had any knowledge of the visit?

If your son believes this was unfair he can raise this with the court...but what you are describing is not a violation of the law. Again, probation officers are officers of the court...and one probation officer can cover for another. That is permitted.

Again, I am sorry to be the one to have to bear bad news.

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Customer reply replied 2 years ago
I mean if he already had an appointment that he made with his appointed officer the week before that he met with the appointed officer? He even lied to me to say my son's probation officer knew about it and she didn't know anything about it. She had already taken care of her appointment with my son before she went on vacation.

But your son was notified of the visit? And did not attend? Is that correct??

If so that can be a basis to violate him. Because all probation officers are officers of the court...again one can fill in for another. There is no rule against this.

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Customer reply replied 2 years ago
I understand that but there was no need for him to fill in for her. She had already had her appointment with my son the week before.

The issue is whether or not your son had notice of the visit...if he did and he did not attend? Even if it was a different officer? That is a violation.

So when he addresses this at the hearing, if he believes it was unfair, he can absolutely raise the issue.

But from a legal standpoint ? The probation department can do this.

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Customer reply replied 2 years ago
Okay, thank you for your help.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,706
Experience: 16 yrs. of experience including criminal law.
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