In July of this year, I was moved to a new probation service due to my pervious one shutting down. I never signed paperwork stating I had arrived to the new probation office and officer, however, 2 months earlier I was sanctioned from the office that shutdown. The sanctioned didn't transfer over, and my probation officer waited until September to sanction me to 12 weeks of classes even though I am suppose to be done on December 29, 2013. This month, she contacted my family members trying to get a hold of me, because they moved offices without telling me when or where. She told my family that she had tried getting a hold of me for 2 weeks, when all she did was mail a letter to me with a new date to go see her. I did not receive one call from her during that time.
No, it is a nice try. However, as a former judge, I can say to you that judges will defer to the probation department every time, even if there is negligence or a mistake by the probation department. The judge requires that you complete all of the conditions of what she or he ordered, including any conditions additionally set forth by the probation department. I am sorry that the probation department - which sounds like private probation - seems to have been relatively incompetent. However, you still need to follow through the court orders.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
Criminal Defense Attorney
Negligence is a civil concept that doesn't have applicability to criminal probation under most circumstances. If your probation officer tried to revoke your probation because you missed your meeting, her failure to give you reasonable notice could be a defense at a revocation hearing. However, as a criminal defendant you will not be awarded an early termination of your probation for your probation officer screwing up.
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Criminal Defense Attorney
As a former prosecutor we would deal with prob. revos all the time and there was a constant refrain from defendants that their PO's were treating them unfairly or that they didn't give them notice. The judge would generally dismiss these complaints and revoke and reinstate the defendants onto probation esp. if it was a first revo. Only if you have verifiable proof of mistreatment or possibly neglect by the PO and you were compliant with the terms and conditions would the DA or Judge consider dismissing the complaint and terminating your probation. You could also request a short jail sentence if you just wanted to complete your sentence, say 15-45 days as a punitive sanction and close the case depending on the judge or jurisdiction this can be a stipulation by the parties to the judge and then your case would be complete without further supervision.
The Law Office of Benjamin Hartford - 303-522-7573 - Benjamin Hartford has 10 years experience in criminal law and specializes in DUI/Vehicular Assault/Homicide Cases. Attorney Hartford's decision to answer your questions does not constitute an attorney/client relationship. The Law Office of Benjamin Hartford offers Free Consultations and we encourage that you contact the firm to discuss your case in more detail.
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