If my probation officer doesn't violate me on something and then months later his boss tells him to can my attorney argue that

Attorney answers (3)

1. Licensed in MA

   

   Keith G Langer

   Wrentham Criminal Defense Attorney

   Contributor Level 18

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   Answered September 10, 2012 07:52. The fact that your PO did not find you in violation would indeed be arguable in court as evidence no real violation occurred. Why the PO's supervisor told the PO to violate you, months after the fact, is likely to be a subject of inquiry.

   The foregoing is for general information purposes and does not establish an attorney-client relationship.

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2. Licensed in MA

   

   Patrick Donovan

   Quincy Criminal Defense Attorney

   Contributor Level 14

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   Answered September 10, 2012 07:41. Yes. It is up to the judge to find you in violation.

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3. 

   Paul Meissner

   Clearwater Criminal Defense Attorney

   Contributor Level 9

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   Answered September 10, 2012 07:59. If you are cited for a probation violation, you would still be entitled to a hearing before the Judge who would ultimately make the determination as to whether you were in violation of the terms of your probation. The opinion of the officer may be a factor in determining whether you violated your probation and as to what puinishment should be imposed. You should consult wiith an attorney to determine the exact practice employed in your area, and to be prepared if action is taken against you.

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