Is it possible to sue a probation officer and/or a probation office?

Asked over 1 year ago - Dickson City, PA

I was arrested for a dui of marijuana March 5, 2013. This is my first ever offense. On April 18, 2013, I had my initial court hearing; in which, that was waived for the process of ARD. The DA recommended I be placed on the color system. My inital test on April 18, 2013 came back positive. My test on April 22, 2013 came back positive. My test on May 1, 2013 came back positive. But, when my probation officer checked her log after my May 1st testing, she said my first 2 test were marked down as negative and that she would send my 3rd test out to get processed for levels of thc and when the results come back, she would have me incarcerated. Do I have a case against her or the officer that marked down the incorrect test results?

Attorney answers (3)

  1. Christopher M. Patterson

    Contributor Level 14

    5

    Lawyers agree

    Answered . From your question it seems as though you are either in the process of being placed on ARD, have been placed on ARD, or you are in the Lackawanna County Drug Court Treatment program. Because it is impossible to tell what program you are in or where in the process you are, I can only advise you to speak to a criminal defense lawyer in your area immediately. As a general rule, if you are on ARD, a violation of the rules can only result in your removal from the program and reprosecution for the charge or charges for which you were placed on ARD. If you are in a drug treatment court, violation of the rules can cause a person to go to jail. Again, speak to a lawyer immediately.

  2. Robert C. Keller

    Contributor Level 20

    2

    Lawyers agree

    Answered . The question is of a non criminal nature and should be directed to a civil attorney who specializes in civil rights violations and claims against government employees.

  3. John J. Carney

    Pro

    Contributor Level 14

    Answered . You should address this question to a civil lawyer in your area or your lawyer, but they will likely tell you that there are no monetary damages and you will not be able to find a lawyer that will take such a matter without any damages.

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