Is my friend’s P.O. abusing her authority?

My friend was convicted in Oct. ’05 for viewing child **** and sentenced to three years probation. He never had any trouble until he got a new P.O. She automatically added 6 mos. to his probation because he owes money, and added 6 more because he tried to get legally transferred to another state.She caused him to lose a stable job because she wouldn’t work around his schedule and now makes him report to jail 2 days per week because he has no job.Is there a right way around this?

Asked on July 2, 2009 under Criminal Law, Oregon

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In Or, if a person is on Formal or Supervised probation and the probation officer receives information that a violation has occurred, the probation officer can arrest the person or send a report to the court and have the persons cited into court. Often probation officers will call the person in for an appointment or wait until the person's next visit and arrest the person. Sometimes they will go to the person's house or place of employment to arrest them.

Failing to pay the money owed under a probation order is a violation of the probation and the court may increase the time that the defendant must do.  The probation officer is not acting unilaterally.  It is the court that is imposing the additional conditions based on the PO's information.  The fact that your friend left town is also a basis to hold the defendant as a violator of probation.  Based on your friend's continuous probation violations the state is not exceeding its authority.  The PO may make a schedule that is convenience for them.  However, the PO should be flexible.  I suggest that your friend hire a lawyer to work a deal with this PO.  The lawyer will help bridge the gap here and get your friend on better terms with the PO which will likely translate in him being able to meet the PO at times convenient for him. 

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In Or, if a person is on Formal or Supervised probation and the probation officer receives information that a violation has occurred, the probation officer can arrest the person or send a report to the court and have the persons cited into court. Often probation officers will call the person in for an appointment or wait until the person's next visit and arrest the person. Sometimes they will go to the person's house or place of employment to arrest them.

Failing to pay the money owed under a probation order is a violation of the probation and the court may increase the time that the defendant must do.  The probation officer is not acting unilaterally.  It is the court that is imposing the additional conditions based on the PO's information.  The fact that your friend left town is also a basis to hold the defendant as a violator of probation.  Based on your friend's continuous probation violations the state is not exceeding its authority.  The PO may make a schedule that is convenience for them.  However, the PO should be flexible.  I suggest that your friend hire a lawyer to work a deal with this PO.  The lawyer will help bridge the gap here and get your friend on better terms with the PO which will likely translate in him being able to meet the PO at times convenient for him. 


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