The problem we have now is we called her every day for a week to ask if he could book his meeting to later in the day as his boss is going to fire him for taking off 4 days a month and he's out of vacation and personal days, she called back and said "skip this one, come in the 24th" that was fine as he has that day off as it's New years eve however today less then a week later we have a notice from her in the Mail that she's requesting jail time at court because he no called no showed. This lady is just ridiculous, how do we request a new probation officer? (Read added info below for back story)
She in August of this year lied in court saying my boyfriend refused drug and alcohol tests however when confronted in court she admitted to having no proof of that (because she lied she's never asked) Then in October she told the judge he's not in treatment (he's only on probation for a DUI) when confronted in court she was caught again lying because not only did we have copies of all his CURRENT and PAST classes (18 months worth) we also have copies of the bi weekly meetings where she signed off that she SEEN he was going and the urinalysis tests given from the treatment center showing he is in fact not drinking (We keep copies of everything). ---- How do we request a new probation officer? When we asked her after the 2nd time she lied her reply was "I'm about to not be working her anyways so who gives a "f***" so we'd rather skip asking her a 2nd time. thanks!
If you are having problems with a probation officer this is something you should either take up with his/her supervisor or take it up with the judge. In most cases, this would be an uphill battle. If you have an attorney this is defiintely something that should be taken up with your attorney.
In the future it would be a good idea to do what your PO says without variation, and to get as much as possible in writing and carefully document all your actions.
Criminal Defense Attorney
Probation officers are very busy and talk to many difficult clients. They are like any other occupation...there are good ones and there are bad ones. It is very common for them to not keep good notes in the file and have a faulty memory about what they said or when an appt. was. Always get something in writing confirming when your appt. is and when you show up. Get a date/time stamp on your appt. slip if nothing else. Also, keep good notes yourself of your conversations with your probation officer.
** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on Washington law as I am licensed in Washington. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. For more information, you can reach my office at: firstname.lastname@example.org; 360-714-1911
Criminal Defense Attorney
Unfortunately, this type of thing does happen. It sounds like you are doing the right thing for now which is keeping documentation of everything you can. If your probation officer says you can miss an appointment ask to get that in writing. The probation officers are swamped and will often only look at thier notes in their file and often times are too busy to keep good notes.
You also have the right t contest any alleged probation violations. Do this. It will be easy for you to have the upper hand if you are the one who has all of the documentation.
Getting a new probation officer is not easy. Typically judges don't get involved in this type of thing. You should tell your P.O. that you want to work wih somebody else. If she agrees that the two of you aren't working well together then she might be able to trade your file with a co-worker. If not then you need to go over her head to her supervisor and express your concerns.
After that all you can do is take care of what you need to tak care of. Keep documentation and prepare to make her look foolish in front of the judge .