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  1. #1
    collin91 is offline Junior Member
    Join Date
    Sep 2010
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    1

    Probation officers powers/switching officers?

    I am a 19 year old male. I am currently on probation for a possesion of marijuana charge. Over a year ago, I was walking up a house, but the police officers were also in order to break up a party. I greeted them, they saw an open container so they search me, my car, and the friend I was with. I had a bag of marijuana on me. The person I was with and I both got charged with MIPs. 6 months later I was just on the verge of finishing my MIP probation when I went into probation and was told there was a warrant out for my arrest. I asked what for, because before that I was not told of any charges about the marijuana. When I went to the magistrate for my MIP they did not tell me about any charges or punishments. So, six months after the fact I went to see the judge. I was given fines of $360, 40 hours of community service, and 6 months more probation. Throughout the entire process, my probation officer has treated me unfairly. She has assumed I have been lying and refuses to work with me. When I got sentenced the community service, I was working two jobs. I repeatedly tried to contact the community service director to reschedule my times so it fit better with my work, but never got a response. I finally one of my jobs in order to complete my community service. This was about 3 months after I had been told that I had to do community service. My probation officer, as usual, asked me why I had not done it and I responded that it was because of the two jobs, but I quit and was going to go there directly after talking to her. In response she immediatly called the community service director (who answered her call, but never mine) and took me off the list. She then told me I failed at probation and had to go to court. I was confused, I thought she was there to help me, but the entire time she only threatend to send me to jail and scolded me for not getting my probation done. I understand being a probation officer is difficult job, but not once did she give me a fair chance or listen to my concerns. Finally, today, I picked up a shift at work, forgetting I had probation in the morning. I went to work and my girlfriend found the piece of paper that I said I had it today. She called in an attempt to reschedule, but my probation officer refused to listen, yelled at her, and hung up on her. When i tried to schedule an appointment with the head PO to switch officers, she refused to let me see him. Is all this legal?
    My complaint is not with the charges. Marijuana is illegal, it is fair that I should pay the consequences. My problem is with my probation officer. I feel lost and helpless. what do I do?
    Last edited by collin91; 09-02-2010 at 11:39 AM.
  2. #2
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,818
    I see no unfairness. You violated your probation by committing crimes, by having alcohol and drugs, failed to report your run in with the police, etc....

    What makes you think any PO would give a repeat violator any more leniently?

    Your probation was a chance to avoid jail time by living in society under the terms of the probation. You blew that nine ways to Sunday and you're unhappy?

    I suspect highly that you wore on her patience by not informing her of the things that were going on: Your arrest, your job situation that was interfering with community service, etc... Instead you let her find out after the fact that you were failing to live up to the conditions.

    I suspect you're going to court, possibly with revocation of probation or other sanctions. You can present your issues there, but I don't give you much hope.
  3. #3
    Join Date
    May 2010
    Posts
    864
    Can you find out if there is a way to get into court by whatever local process is in place and getting sentence modifications instead of letting things fall into where you are in violation? Extension on C/S .. maybe get it modified to 2/4 hrs per week ..etc.

    Either the chief/honcho/whatever of probation will see you or they wont. They are in charge.

    On probation you have a few choices..

    - see if you can get sent modifications from prob/court
    - fail to comply, get violations, and ultimately sentenced anyway (if you dont comply)
    - Ask to be sentenced and have your probation terminated unsuccessful.

    Fighting with your PO, who pretty much owns you, is not going to be the best path.

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