What are my rights while on Probation? What can't/can my Probation Officer do?

Asked almost 2 years ago - Denver, CO

I am on a 5 yr Probation term for a theft charge, 3 yrs remaining. My PO is mostly nice but I was assigned another PO (for that one day) as my original PO had an emergency to attend to, so I saw another PO. This PO was verbally abusive to me, saying because I am a felon, I should go live in the ghetto. This to me is setting me up for failure. My assigned PO is familiar with my mental issues and always tries to be "gentle" with her words. But this other PO who verbally abused me made me go home and self harm myself. Can she do this? Are they allowed to treat people like this? How can I get off Probation before the time assigned? Can they tell me to move to the ghetto because I do live in a nicer community? What can/can't they do? And what are my rights? PLEASE HELP. Looking to hire.

Additional information

Whatever attorney can assist me the most, I am very interested in hiring to help me get this situation taken care of ASAP.

Attorney answers (3)

  1. Andrew John Contiguglia

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Your obligations while on probation are outlined in the terms and conditions of probation contract. And that's what it is, a contract. If you don't meet your obligations under the agreement, then you are in violation and hence could be charged with a violation of your probation. I that happens, you could be back in front of a judge facing a resentencing.

    Your PO cannot tell up I where to live. However, if there are certain restrictions on your probation, like no contact with children, and you live next door to an elementary school, that could create problems.

    I would need a little more information about what you are on probation for, and I would need to see the terms and conditions you signed up on. Honestly, this PO sounds like he's just trying to rattle you. It doesn't sound like you've done anything wrong. Stay focuses on getting yourself the treatment you need and getting yourself better. Your efforts in that arena will carry a lot of weight if your PO decides to violate you.

    I also think you have ever right to ask your PO where she is coming up with the idea you cannot live where you do, and where in your probation agreement thesis prohibited. Many people make the mistake that the PO is their friend. They're not. They work for the court and are looking for every reason to throw you off track. They don't want this journey to beady on you.

    Lawyer up!

    Just because I answered your question, does not create an attorney - client relationship between us unless and... more
  2. Michael D. Evans

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Courts are required to dictate the terms and conditions of probation - expressly in writing or on the record. If the Court ordered it - and probation enforces it, you must comply. Courts cannot simply defer all judgment and discretion to the probation department. I have have won appeals arguing that exact point - where a Court defers the terms and conditions to probation. It has to come from the Court. I agree with the answer above - get the court file or hire a lawyer to do it and see exactly what the court ordered you to do.

    Attorney Michael D. Evans, J.D., M.B.A.
    The Evans Criminal Defense Law Firm
    www.criminaldefenselawyerincolorado.com
    https://plus.google.com/106918441028276008767/p...
    303-221-3634

    THE INFORMATION ABOVE IS NOT LEGAL ADVICE AS WE HAVE NOT ENGAGED IN AN ATTORNEY CLIENT RELATIONSHIP. IT IS MERELY... more
  3. Mark Patchin Miller

    Contributor Level 11

    1

    Lawyer agrees

    Answered . In addition to what the other two lawyers have stated, you may want to discuss with your permanent probation officer the specifics regarding the temporary probation officer. Also, you should probably ask your permanent probation officer to document the mental issues that you have so that if you get transferred to another P.O. they will see the other P.O.'s notes. Otherwise, a P.O. is not permitted to harass you, nor can they dictate conditions that are not set forth in your Conditions of Probation document that you should have received at your sentencing.

    Responses to questions on AVVO does not create an attorney/client relationship. Colorado requires that the... more

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