Are probation officers required to return phone calls within a certain amount of time?

This is regarding a travel permit for a death in the family. My husband had received verbal permission to attend a funeral (we have the message saved). The P.O. said all was fine to attend as long as she had the details surrounding the funeral/visitation. We called her multiple times over the course of several days and received no reply. Believing we had permission we attended the wake and now my husband is going to court for violating his probation.

Asked on July 28, 2010 under Criminal Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  Good thing that you saved the voice mail.  Hopefully you documented each time you called and got no answer.  Unfortunately you did not try and call a main number to leave messages or a supervisor to help confirm that you called.  I believe that every person has a right to a reply within a reasonable amount of time given the circumstances.  A funeral is a fast turn around event generally and for the PO to ignore you or not to call you to follow up is definitely cause for argument.  I would seek help from a criminal attorney in your area.  Unfortunately in the end the PO has great power and can use it against you. Good luck.

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