What should we do if we feel a probation officer is making it impossible for someone to comply w/ rules of probation/sentencing?

Once you have tendered a guilty plea and been placed on probation, you are subject to some onerous supervision conditions. The worst thing you can do is make an enemy of your probation officer. Some PO's are great, reasonable people who want to see you succeed. Others couldn't care less what you do as long as you show up when you're supposed to and pay your fees and fines. The third kind can be a nightmare -- the kind who has felt powerless as an individual their entire lives and who now holds enourmous power over you! This is a personality type to be feared and avoided. Still it is possible to win this type of PO over with charm, respect, and good behavior without exception.

Rule number one: answer each question with "Yes." If there is a condition of probation presented to you and you immediately start giving explanations for why it is inconvenient for you because of your special circumstances, you have gotten off on the wrong foot. Trust me. I am not saying this because I believe it is just that you suffer while on probation -- it is just a fact of life that you're going to have to get used to... and fast. Adapt and overcome.

In your particular situation, tell the PO that of course you will do what ever they ask. While you're making plans to follow the PO's instructions to the letter, propose that you might take that drug test even faster for them if you were to take it at the probation office near your work or at the hospital, and you will gladly pay the fee for the results to be faxed to the PO at his / her office.

Once you have proven to be a probationer who follows instructions perfectly and never gets in trouble, things will start to relax. You will be allowed to report to probation by telephone or by mailling in a written report. This is especially true of misdemeanor probation sentences. These misdemeanor probation supervision companies are usually private and operate for profit. Get them their fines and fees and they will be happy.

If you live in a county other than the county where you are on probation, you could inquire about having the probation transferred to the county of your residence. An attorney would be a great help in advancing your position since POs tend to show a little more deference to attorneys than probationers!

Once you have tried these things and you feel you are still getting no where with your probation officer, ask to schedule a meeting with the probation supervisor to get approval of some alternative accommodations. Failing that (and provided you can meticulously document all of your efforts, your reasons for requesting accommodations, and the date/time/name of the person who told you "No"), you can always petition the court that sentenced you to grant you a hearing on your request to modify the conditions of your probation or even issue an order granting your request to transfer your probation to the county where you live. This last part really should be done with the assistance of an attorney or the judge will let the PO just stomp all over you with examples of how you are a malcontent.