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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27422
Experience:  Active member of the NYS bar since 1989
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I am a 17 year old male who is on truancy. The judge

Customer Question

hello i am a 17 year old male who is on truancy. The judge assigned me to a probation officer and i just met him in his office to discuss how my school attendance is going. I have been going to school and doing all of my work. The po told me there will b consequneces if you don't go to school. At one point po told me how i was talking "disrespectful" which i disagree. i only said yeah instead of yes and question things to po because i was irritated that he treated me like i have not been going to school. which made him irritated as well. Here is my problem, at one point he threatened me by saying that he will hand cuff me and send me to juvenile hall because he did not like how i was talking to him. He also said that i had to stop talking if you don't want me to detain you. Naturally i stopped talking because i did not want to be arrested. But i feel unsettled because i felt like he had no right to detain me if i was not doing any harm to po + i was not talking disrespectful enough that i had to be arrested and he was taking my right to speak by threatening to detain me and send me to juvenile hall.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: moral of the story is probation officer was trying to hand cuff me because i was talking "disrespectful" is this a good enough cause to detain me?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: im on truancy
Submitted: 4 months ago.
Category: Legal
Expert:  Zoey, JD replied 4 months ago.


I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

Customer: replied 4 months ago.
Ok, thank you
Expert:  Zoey, JD replied 4 months ago.

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 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. 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 time 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.

Expert:  Zoey, JD replied 4 months 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.