I have a OWI causing serious injury 1st offense. The judge never ordered me a tether only a vehicle immobilzation but the judge discovered I don't have a car anymore. The PO saying I have to get a tether but if the judge never order one they can't do that correct?
You are technically correct but the judge can certainly change the conditions of you probation.
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I agree with Attorney Brennan. You are bound by the conditions set by the judge. However, it is important to read and then re-read your probation conditions. Judges often times give a lot of authority to the probation officers. For example, if the judge says you must submit to random testing as directed by your probation officer, that probation officer could have you tested once per month, once per week, or once per day. If the judge ordered you to abide by any conditions set by the probation officer, that probation officer could direct you to where a tether. So, if you refuse to comply, the probation officer will bring it to the attention of the judge.
This is why it is important to have an attorney represent you. A wrong approach could cause more problems for you.
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The judge issues orders and sets terms of probation. The probation officer works for the judge. They work together. Clearly if the judge orders something, it must be followed. Where he probation department imposes a condition that isn't exactly what the judge ordered, your relief would come from a motion to remove the condition, and the motion is decided by the judge. If the judge agrees, then no more condition. If the judge thinks that the condition is a good idea, then you will get the condition as part of probation. You should discuss options with your attorney.
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