I was in a wreck in 2008, which resulted in 2 back surgeries, and knee surgery, so I was prescribed pain medication for a few years. After all surgeries, and pain management, I was put on Buprenorphine, to help body adjust, and also for acute back pain management. Every Rx I've had, were 100% legitimate.
I was arrested for a 2nd DWI in 2013, my first DWI was in 2002. My probation officer wants a letter from my doctor explaining the need to be on this medication, and my PO said she wants to make a plan to get me off of this medication. I've have several UA's, and all were 100% clean. So I don't understand what the problem is. If it doesn't fail any of the "testing for" medications/substances, why is it an issue? Is she allowed (legally) to make decisions for my medical treatment?
Your PO is not a doctor and has no say in your medical care. As long as the medications are prescribed to you and you are taking them according to your doctors orders you are not considered to be abusing your medications. You need to contact your lawyer to speak to the director of your probation department regarding these requests.
If probation doesn't respond a motion to clarify your conditions needs to be filed so the court is informed about what is going on.
The PO and Prosecutor likely want to make sure that there is medical documentation for the medicines that you are using. Keep in mind that verification of medical documentation is different from verification of medical need. They are not doctors. They have no ability/right to make medical decisions for you. Go get the documentation that they are requesting from your doctor and follow your doctor's orders.
Provide the letter from your Dr. as requested. Ask the Dr. to state in the letter the name of the drug, the dosage and strength, that the Rx is medically necessary for your pain management, he recommends that you continue to take it as prescribed, and that the Dr. will continue to monitor through routine checkups. Ask the Dr. to send this letter directly to your PO. Then it will be in the PO's file where it can be offered into evidence by your attorney as a business record of the PO should anything ever come up about your use if this Rx. Good Luck!!
I have seen this done many times in felony cases, typically DWIs and possession cases. I have not had it happen, that I can remember, on a misdemeanor. Many judges are sensitive to addiction issues and understand that this can include prescription drugs. The PO cannot enforce anything that is not a written condition of probation. I would provide your PO with the prescriptions and nothing more. If the PO asks you to sign an order modifying the conditions of probation to include prescribed narcotics, I would refuse to do so. At that point, you will need to hire an attorney to intervene with the court. Review your written probation conditions to confirm that prescription narcotics are not prohibited.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
I agree with the other attorneys. I would provide the PO with a record of your prescriptions. If she ask you to agree to any modifications, I would strongly consider hiring an attorney to help you with this situation. An attorney could present your situation directly to the Judge and make the Judge aware of your special circumstances.
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