Can a probation officer require things not in a court order?

My daughter got a DWI 1st offense with 18 months probation. Several months later, she voluntarily admitted herself to a 30 day rehab to get back in control. However, now her probation officer is saying she must enroll in an intensive outpatient program, go to meetings and get a permanent sponsor. None of that is in the court order.

Asked on October 20, 2014 under Criminal Law, Texas


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

Answered 6 years ago | Contributor

Probation orders are generally broad rather than specific and probation officers are given the power to recommend a change in the requirements.  If, however, the change is not specifically in the order you can object and ask a judge to review the change.  If the judge agrees then it can be ordered by the court. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.