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Can a DUI probation officer instill a curfew if it is not written anywhere and not approved by the court?

Deerfield, IL |

misdemeanor DUI, No curfew at all in initial sentence, Employed, sober, successful treatment, met all appointments

Attorney Answers 4


Sometimes your terms of probation will say something along the lines of follow any directions of your probation officer. I suggest reviewing your terms of probation to check all the language. If you had an attorney, you should give them a call. Best of luck.

Jasen Nielsen

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Yes. Most conditions of probation include follow the rules and regulations of your PO. Contact your attorney if you have questions. Good luck.

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The most likely answer is "yes." A second answer is: "do you really want to risk it?" Most probation officers have a very real power to put their clients in jail. While a lawyer might be able to get you out, that lawyer is not likely to get you out in time to save your job.

Talk to the lawyer you had when you were put on probation.

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Attorney Meaney is correct - contact your PO and review your terms and conditions.

Probation is an alternative to incarceration - indeed, some counties in New York still have an "ATI" office. The legal assumption is that jail is appropriate, but you are being given a chance to prove yourself at a lower level of supervision. No one in jail complains about a curfew ... you should not either. Your PO has wide discretion - do what he or she directs you to do and you will build trust and a good working relationship.

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