Harrassed by a Probation Officer

[lirish98]

What is the name of your state? CT

My husband is on probation. He has complied with all the probation laws and done what he has been told. He has actually seeked counseling outside what he is already doing. His probation officer has forbidden us to live together. Is that legal? We were told by his public defender that we could. He is currently unemployed and his probation officer is harrassing him about finding a job and my husband is doing all he can to find one. Can he legally throw him in jail for not being able to find a job? The only thing he has to do is make sure the employment is authorized by his probation officer before he starts. He has shown proof of his job searches. When is it considered harrassment by the probation officer?? Also there was an emergency late last night and his mother (who he is currently staying with) called and needed him to stay with me. I dropped him back off at his mothers before 8am this morning. He didn't call to tell his probation officer (or ask) because it all happened so fast and it wouldn't have mattered because he wouldn't have been there to approve it anyway. His officer now wants to see him again next week with his mother. I am also going because I am his wife. Can I request his supervisor be there to clarify everything? My husband is afraid that the probation officer will retaliate and come down on him. Can he do that? Please help. We are desperate here.

 

[HomeGuru]

What is the name of your state? CT

My husband is on probation. He has complied with all the probation laws and done what he has been told. He has actually seeked counseling outside what he is already doing. His probation officer has forbidden us to live together. Is that legal? We were told by his public defender that we could. He is currently unemployed and his probation officer is harrassing him about finding a job and my husband is doing all he can to find one. Can he legally throw him in jail for not being able to find a job? The only thing he has to do is make sure the employment is authorized by his probation officer before he starts. He has shown proof of his job searches. When is it considered harrassment by the probation officer?? Also there was an emergency late last night and his mother (who he is currently staying with) called and needed him to stay with me. I dropped him back off at his mothers before 8am this morning. He didn't call to tell his probation officer (or ask) because it all happened so fast and it wouldn't have mattered because he wouldn't have been there to approve it anyway. His officer now wants to see him again next week with his mother. I am also going because I am his wife. Can I request his supervisor be there to clarify everything? My husband is afraid that the probation officer will retaliate and come down on him. Can he do that? Please help. We are desperate here.

**A: oh brother, here we go again.

 

[You Are Guilty]

What might he be on probation from?

 

[CdwJava]

My husband is on probation. He has complied with all the probation laws and done what he has been told. He has actually seeked counseling outside what he is already doing.

Good.

His probation officer has forbidden us to live together. Is that legal? We were told by his public defender that we could.

Unless his attorney is also his probation officer, then he cannot live with you. Only the court can overturn this condition unless the probation department removes it with the court's acquiescence.

He is currently unemployed and his probation officer is harrassing him about finding a job and my husband is doing all he can to find one.

Looking in the want ads is not enough. I suspect he actually wants him to get dressed, get well-groomed, and go out and complete applications and go to interviews.

Oh, and finding THE perfect job - where they pay you a lot of money to sit and do nothing - is not an excuse. I bet there are PLENTY of jobs out there he is capable of doing ... he just doesn't want to do the jobs that ARE available.

There IS no excuse to NOT have a job as long as you are physically capable. It may not be the one he wants, but it will keep him out of jail and allow a couple dollars to roll in.

Plus, if he has restitution and/or fines to pay, he needs the work to avoid defaulting on that condition of probation and going back to jail.

Can he legally throw him in jail for not being able to find a job?

They can toss him away if he refuses to get waork. And, it is EASY to get A job ... some job.

The only thing he has to do is make sure the employment is authorized by his probation officer before he starts. He has shown proof of his job searches.

And this proof is ... what? Around here, they want the name and number of the person the application was turned in from, and who conducted the interview for the job. Merely picking up an application or calling the business is NOT enough.

When is it considered harrassment by the probation officer??

Maybe if he starts doing probation searches at 2 AM, 3 AM and again at 5 AM every day. Until then, he has a lot of leeway.

Also there was an emergency late last night and his mother (who he is currently staying with) called and needed him to stay with me.

I don't get this ... HIS mother called and asked him to come stay with you? Why would she need to call him if he is staying with her? Why could she not just walk down the hall and tell him?

Of course, that WOULD violate the conditions of probation and land him inthe clink, wouldn't it?

I dropped him back off at his mothers before 8am this morning. He didn't call to tell his probation officer (or ask) because it all happened so fast and it wouldn't have mattered because he wouldn't have been there to approve it anyway.

Oops. Withholding that info can be bad.

His officer now wants to see him again next week with his mother. I am also going because I am his wife. Can I request his supervisor be there to clarify everything?

You can request it, but I doubt they have to honor it.

My husband is afraid that the probation officer will retaliate and come down on him. Can he do that? Please help. We are desperate here.

Retaliate for ... what? For your hubbie violating the terms of his probation? Or for you asking for a supervisor to be present?


- Carl

 

[seniorjudge]

"...Please help. We are desperate here...."

That dangly, long, shiny thing?

That is the key to the clink.

Your PO has it.

Do what your PO says....to the letter.

 

[GetUpKid]

Just my opinion...

You got to love all this excellent "free legal advise" that gets posted to this site. Mostly, this is nothing more than an opportunity for retired ex-cops, first year law students, and paralegals (with a minor in TV/VCR repair) to get the opportunity to flame human beings with real concerns in a system that couldn't give a flying crap about the questions of those who have a legal right to fair council and equitable protection under the law regardless of the particular sentence they are serving. Really people, provide assistance or get the hell off the net. Your callous opinions and holier than thou attitudes help nobody but yourselves in a feeble attempt to justify your our sense of higher worth.

I do agree with a few things though…

First, he really does need to find a job. Most offenses with probation are certain to have restitution. The state cares not about you, but about their money. You have to pay them some way. Short of drug or alcohol use this is a sure way of getting your probation revoked.

Secondly, get a copy (you should have one) of your “terms of probation” and follow them to the letter. If it says he cannot move without his P.O.’s approval, then simply don’t do it. Do not do anything or engage in any activity that is contrary to these terms. This sounds obvious, but it happens every day. If you associate with an individual on probation, don’t place that individual in a detrimental situation either.

Lastly, communication is very important. If you have some financial need that make living together a feasible situation for all parties, then he needs to communicate it to his P.O. Naturally, his/her decision will be directed by the nature of the offense and the terms of the probation; however, most P.O.’s deal with 300-400 cases a month and simply want little problems and full restitution.

Yes, people can be a**holes at times, but think of what a P.O. has to deal with. Talk to the P.O. You never know what can happen. Hiding and creation of “dramatic situations” are never the answer. Take care.

 

[nanaII]

I agree pretty much with what has been said..

I have a question. Has the probation officer said WHY you two are not to live together? Are you also on probation? There has got to be some underlying reason for him not allowing the two of you to live together. What is his actual reasoning? He has to have told you.

You said he is seeking counseling. Does he have a mental disorder? Has he been diagnosed? I'm just curious.

Although I can sympathize that some probation officers can be heartless, if I had to deal with what they do every day, I think you would understand their point of view. They hear the same lame excuses day after day after day after day.. I know I couldn't do that kind of work. I get pretty short-tempered.

 

[CdwJava]

I have a question. Has the probation officer said WHY you two are not to live together? Are you also on probation? There has got to be some underlying reason for him not allowing the two of you to live together. What is his actual reasoning? He has to have told you.

You said he is seeking counseling. Does he have a mental disorder? Has he been diagnosed? I'm just curious.

Although I can sympathize that some probation officers can be heartless, if I had to deal with what they do every day, I think you would understand their point of view. They hear the same lame excuses day after day after day after day.. I know I couldn't do that kind of work. I get pretty short-tempered.

If I had to guess, I'd say that either the wife was involved in the original offense (maybe as the victim in a DV), or, there are allegations of drugs going on and the PO does not want the probationer to return to the environment that got him in trouble.

Just a guess, mind you."

- Carl