My friend is on Parole and She has a brain tumor that can't be removed or it will leave her a vegetable, its located on tip of her spine. She just had brain surgery and her Parole Officer is refusing to allow her to take medication as she recovers. She has given clean UA's for over a year now. She has a difficult relationship with her P.O. yet feels as if she is not allowing her the right to medicate correctly, She has no lawyer and will get off Parole in July 2016. Thanks!!
She probably needs to get a lawyer for this matter. The usual provision is that she would not be allowed to take medications unless prescribed by a doctor.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Her P.O. has no authority to make medical decisions for your friend. Your friend needs to take all prescribed medication and follow all doctor's orders. No judge or Parole board will stuck your friend in prison for getting medical treatment.
Always consult a local attorney before acting on any legal opinions or advice you find here, or on the internet, generally.
Conditions of parole or probation are generally set by statute, but they can be amended by the Court given certain circumstances. If your friend has a medical condition that requires her to take medication that might otherwise violate her conditions of parole she would need to file a motion with the Court asking that the conditions of parole be changed or modified.
The above can get complicated, and Court deal with the issue of positive drug/alcohol tests routinely. Oftentimes the parolees/probationers excuse for a positive test is a prescribed medication. If that is the case here your friend will need a copy of the prescription, and possibly some information from the prescribing doctor indicating why the medication is required. It would be in your friend's best interest to consult an attorney that practices regularly in this area to give her the best opportunity to have the conditions of parole modified.
The above is merely a legal opinion, and the person asking the question should contact an attorney to fully develop the facts of the case to make certain any legal action you take is right for your situation. The above opinion is not meant to establish an attorney-client relationship, and no inference of such a relationship should be made in that regard. No action will be taken on your behalf to forward your case, and you should be aware that time may be of the essence regarding your case.
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