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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27484
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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After receiving a letter in the mail from my p.o.stating i

Customer Question

after receiving a letter in the mail from my p.o.stating i had a positive ua and i need to come see her i took it upon myself to sign up into a treatment facility. well, today i went for my scheduled visit, showed up at about 5;26 to find out that they all decided my tax dollars that pay their wages until 5:30 isnt good enough appearantly because my p.o. was already gone and i couldnt be seen. upon getting to the parking lot my p.o. hollered at me from her car stating that i needed to be back there at 8 am or she would be submitting a report to send me to doc 120 treatment because said drug was in my system. i explained that i already found a treatment facility, was signed up and actively participating and she went on to say how that facility isnt state approved and went on to threaten me with taking me from my livelihood and all i have going on. i am employed, am a business owner, home owner,have my own cars, dont get any welfare, have not been in any trouble or had police contact, no violations, am a single father and caretaker of my 16 yr old daughter that is still in the private christian school i paid for her to go to! should i be catching static like this from my po and is there anything i can do to stop this nonsense? please help!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 1 year ago.

You're not going to like what I have to say. Unfortunately, however, it is the truth and I would not be doing my job if I sugarcoated it and told you anything else.

Yours is a question we get asked a lot. Being on probation is nothing like being at liberty. There is nothing pleasant about it, except the fact that you are not in jail. When a person is placed on probation, he or she has been convicted of a crime and has been sentenced to probation in lieu of jail time. As part of that plea, he gives up almost all of his rights in order to be able to stay out of jail. The only right a probationer has is a right to a hearing.

That makes probation a very powerful organization. Probation officers don't look to be nice. They look to be obeyed, and many probation officers are on power trips because they are accustomed to getting exactly what they want done without having to justify it to a probationer.

Probation is most difficult for those probationers who have strong will and who insist upon logic. Many probationers feel like you do. Unfortunately, however, probation holds all the cards.

You can appeal to the probation supervisor to try to get a new PO if you think that yours is singling you out unfairly. Or, if you think your probation officer is abusive and unreasonable, you can talk to your lawyer and try to get the case back before the judge to see if he will order a switch, but in my experience your probation officer will keep your case and complaining will just give him one more reason to treat you badly. A judge will not interfere with probation's decision unless they find probation's rules arbitrary and capricious.

Probation is very difficult. The rules are tough and a lot of them probably make no sense to you. Probation officers can be pretty intolerant. That said, the best way to get a PO off of your back is for a probationer to do exactly what his PO asks without complaint or comment and make the PO respect how well the probationer is doing on probation. Then, the PO will lighten up on you and pick on someone else instead.

I'm sorry not to be able to tell you what you want to hear, but this is the reality of life on probation. You can get a hearing before the judge, but if it's just that your PO has an attitude problem, it's likely not going to work out the way you want it to.

Expert:  Zoey_ JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.