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Can your probation officer keep you from seeing someone if they are not on probation, they are employed, agreed to take a urine

Norristown, PA |
Filed under: Sole proprietorship

test, and has helped you run your sole proprietorship business. As well as, paid your fines? They were codefendants, but she successfully completed her probation, and the current home I live in my parents are alcoholics, my brother an addict, that sells and grows drugs in the house, and my sister smokes weed and steals my things and medicine? I think she can provide a better sober environment she completed her probation, has maintained a job, and even is willing to give up her right to privacy to prove she is clean?

I go to see my probation officer tomorrow...I was thinking about listing 5 reasons why I should live with her as opposed to my current living situation, as well as, give her the option to put more stipulations on the living situation if she will allow it. Like for instance no alcohol in the home...etc. Also, I was thinking about having the person I want to live with write a letter to her explaining the benefits as well. If not how much does it cost to have someone file a motion with the judge to remove such a stipulation? I can't even find my original paperwork so I don't even know if I originally was told this was a stipulation. Regardless, my present living situation with my family is more toxic than any other situation I think...the probability of me POVing is more likely with the activities going on around me currently. I just want to have a fresh start and have a life of my own.

Attorney Answers 3

Posted

First off let me say that I do not practice in Montgomery County and you would best wait for one or more who do to weigh in on this question. In the meantime my reaction to the facts as presented is that it seems that the PO's position might be subject to a successful challenge. Since you describe the issue as having extremely important implications for your living conditions my initial concern that you might not want to stir things up with you PO who has so much influence on your day-to-day existence and holds tremendous power over you should you fall short on the demands made of you by probation. I would consult an attorney to discuss what possible action to take. The logical choice if you were satisfied through the trial/plea phase would be to talk with your trial counsel. If that is not feasible or desirable then find new counsel for this purpose. Good luck to you.

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Posted

Courts provide probation officers with wide discretion. It is suggested that you have your attorney contact the PO and his or her supervisor to attempt to resolve this matter. If this is not successful, the attorney can file a motion with the court seeking a resolution of this issue.

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Posted

It has been my experience in Montgomery County that probation officers are given a lot of authority and deference. Your only recourse, in this situation, is to seek a judges ruling on the matter. And, in my opinion, if probation can demonstrate a logical reason for the prohibited contact the Judge will agree with it.

This answer is generally how a lawyer would go about handling a termination of probation hearing. It is not a guarantee that a Court will terminate your probation and does not create a attorney/client relationship between us.

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