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

Answers:

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. 


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