Of several considerations, the probation officers input is the one having the most weight; the judge will also consider arguments of the prosecutor and defense counsel and review the file contents.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Your Probation Officer's word carries the most weight when it comes to violations of Probation in any court. Of course, your own word, your attorney's words and any therapist and/or employer will also be considered by the Court. Ultimately, it is the Court that must decide your fate, but they do listen intently to the PO's position.
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A LOT. And don't ever think that any federal judge will take your word over the word of a federal probation officer; at least not without corroboration. Get a lawyer.
This is not intended as legal advice.
Majority of Judges will most heavily consider the recommendations of Probation/Parole Officer. The judge will also consider other relevant factors, arguments of the prosecutor and the defense counsel. The prosecutor will generally recommend whatever the PO wants.
An experienced attorney will first contact the prosecutor then call and discuss your case with the PO. The idea is to get the PO to consider other options and factors prior to making the recommendation with the judge.
Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.