Can my probation officer change at will the terms set by the court?

Asked over 1 year ago - Two Harbors, MN

I am on probation for 10 years, I have done 4 already. My last probation officer was actually a family friend and he new he wouldn't have any issues with me. He ended up retiring a couple months ago and now I have a new younger guy that moved up from Mississippi. I went in to visit him and I can tell he is going to make things difficult for me, one of the things is he told me he doesn't want me to be able to drink, I have been deemed by multiple facilities that drinking is not an issue for me, but he said he didn't care. Can he do this? Also, my old PO gave me the ability to have access to my computer and Internet for school, I'm afraid that he might try to violate me or take it away. What can I do? Any advice would be helpful..

Attorney answers (4)

  1. Gary R Wolf

    Pro

    Contributor Level 8

    2

    Lawyers agree

    1

    Answered . Conditions must be reasonably related to the crime and your rehabilitation. Conditions are for the sentencing judge. If the probation officer lays on new conditions you believe are unreasonable file a petition with the sentencing judge or with the chief judge if your judge retired. You can do this on your own but your lawyer is the person better equipped to accomplish the mission. For some reason probation officers want to ban alcohol as though this should be a standard condition. Perhaps this is to set up clients for violations. Do not let this new probation officer up the ante against you.

  2. Alex De Marco

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . If you were not prohibited from drinking in the court order, probation cannot change it without a subsequent court order. Case law is clear.

  3. Kevin Wade DeVore

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Consult your attorney to see what options you have. Your lawyer may be able motion the court for clarification.

  4. Tricia Dwyer

    Contributor Level 19

    Answered . Hello. This website provides general information, not legal advice. You are in need of legal advice. An attorney will want to view the terms and conditions of your probation in advising you. In general, a probation officer does not have the authority to alter the court-ordered conditions and terms. Again, do seek private attorney counsel at this time for legal advice for your issues. Some attorneys, myself included, are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for financial hardship. Some attorneys, myself included, may also assist you in limited scope manner to conserve legal costs. All the best.

    Tricia Dwyer, Esq., Criminal Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer,... more

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