I just got a new probation officer and he caused me to have an anxiety attack. I was told to report at 8:30 am and i contacted him and asked if I could change to 10am or later because I did not have a ride until 10. The probation officer told me I had to walk there or i would go to jail.
Probation is a privilege--jail is the default. Your PO controls all the cards and you have very few options. Recommend you toe the line with your PO and report when an where you are required to do so. Your PO is doing what he is supposed to do. You need to do the same. Best of luck to you.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Criminal Defense Attorney
In a word, No. They don't have to be nice, or even reasonable. Like my colleague said, jail is the default position, and it is much worse than probation for most folks.
DUI / DWI Attorney
The alternative is jail. When he says "Jump"; you ask "how high". And if there is a dispute between you and the PO; guess who wins in the Court. Be cooperative.
Answer is for informational purposes only and does not create an attorney-client relationship.
Criminal Defense Attorney
Probation officers can be a major pain. I tell all of my clients to make a good first impression, try to appear as professional as possible, and not be late for or miss appointments. If you are able to do this, your PO generally lightens up a little bit and will not be so hard on you. Complying with the conditions of your probation is also obviously important.
To answer your question, you can't really get a new PO. I would suggest trying to smooth things over as much as possible. If you guys have a couple of good appointments hopefully he will lighten up a little.
PO's often get a bad rap. However, you need to remember that they deal with a decent number of people that simply have no respect for the law and treat them with no respect. That being said, if you can differentiate yourself from that group of people, you generally will get treated better by your PO and eventually get some concessions. Good luck with smoothing this over.
Please be advised that answering questions on this webpage is done to provide general information only and that by responding to a question we have not established an attorney client relationship. In order to establish such a relationship we would need to meet in person and go over more details of your case. Thank you.