Probation Rights Question

[LauraMcB]

What is the name of your state? Massachusetts

I would like to know what my rights are with regard to my probation officer contacting my place of employment or showing up there to check on me. Can he call my boss to verify income and employment? If he does so can he inform them of my status as a probationer?

I am on probation for a misdemeanor trespassing case that was alcohol related. As such, I understand that he can show up at my home to ensure that I am alcohol free. And he has. Right now I'm assuming the same is true of my workplace. Is there anything I can do to protect my job?

I'd also like to know if he can refuse to let me visit my parents in another state for the holidays. Do I have to simply tell him when and where I'm going or do I have to request permission.

This has gotten completely out of hand. I fell asleep in a CHURCH where I was seeking help for an alcohol problem. I didn't break in (the doors were unlocked) I didn't steal anything, and I didn't hurt anyone. Now I'm jumping through some unbelievable hoops, including tons of missed work to see the probation officer, get the paperwork he's demanded, and go to court. I simply wanted to avoid having a criminal record.

The probation officer has been asking me bizarre questions that I can't answer (Why is there a cab parked on the street near your house!?!?) and threatening to make me switch physicians, claiming he's not happy with the one I'm seeing. I understand that I am no longer protected from searches and seizures during the term of my probation...do I have ANY rights where this is concerned? I mean, can he just show up at any time and barge in and search the place?

Granted, I'm not drinking or doing anything illegal and there's nothing illegal in my home. But I'm really terrified of this guy.

Laura

[Shay-Pari'e]

Take a good look at your probation paperwork. It is all outlined right there .

[Indiana Filer]

Originally Posted by LauraMcB

What is the name of your state? Massachusetts

I would like to know what my rights are with regard to my probation officer contacting my place of employment or showing up there to check on me. Can he call my boss to verify income and employment? If he does so can he inform them of my status as a probationer?

A term and condition of your employment is probably that you have employment. Your PO can verify that by contacting your employer. Another term of your probation is probably that they can come to your work at any reasonable time to search or check up on you.

Originally Posted by LauraMcB

I'd also like to know if he can refuse to let me visit my parents in another state for the holidays. Do I have to simply tell him when and where I'm going or do I have to request permission.

DO NOT LEAVE THE STATE WITHOUT PERMISSION. If you do so, you can be arrested for violation of probation. You need your Probation officer's permission, and the permission of the Court in order to leave the state. If either one says, "No", you don't go to your parents.

[CdwJava]

Originally Posted by LauraMcB

I would like to know what my rights are with regard to my probation officer contacting my place of employment or showing up there to check on me. Can he call my boss to verify income and employment? If he does so can he inform them of my status as a probationer?

What conclusion will your employer draw when the guy cvalls and introduces himself as your probation officer?

Your arrest and conviction are matters of public record. The P.O. can choose to be obtuse when he speaks to people if he wants, but generally they are not going to be ... and legally they do no thave to be.

Is there anything I can do to protect my job?

Be up front with your boss and let him know what is up. It might be better that he knows from you rather than having to find it out later.

I'd also like to know if he can refuse to let me visit my parents in another state for the holidays. Do I have to simply tell him when and where I'm going or do I have to request permission.

Uh ... yes. Your probation conditions outline all of that. You do no thave a right to go anywhere unless he okays it.

Think of it this way - the state has ALLOWED you to remain out of jail if you follow certain rules. If you were in jail, would you be allowed to leave the state??

If you do well and ask nicely MAYBE you can be allowed out of the state - but that is a decision for the P.O. and for state law.

I understand that I am no longer protected from searches and seizures during the term of my probation...do I have ANY rights where this is concerned? I mean, can he just show up at any time and barge in and search the place?

Subject to the conditions of your probation, yes. Your life is his in many respects right now.

- Carl