Is it a conflict of interest for a PO to have a parolee use the same therapist that was used in theparolee’s trial?

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Is it a conflict of interest for a PO to have a parolee use the same therapist that was used in theparolee’s trial?

I’m a registered sex offender. I was in treatment for the last 20 months. I was discharged a couple weeks ago. My PO sent me to a new treatment provider today. It turns out he is the same person that my attorney used about 3 years ago to provide a report for my defense. Is this not a conflict of interest? I believe what was said between he an I would be privilaged information. I do not see how I can be required to go to him. There’s no way he can be trusted not to look at the file. For one when I asked him if it was a conflict of interest, he said he would need to look at the file. So I know he’s going to look at it.

Asked on November 1, 2010 under Criminal Law, Texas

Answers:

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

Answered 13 years ago | Contributor

I am sorry but I am confused.  Why would it be a conflict of interest?  He is YOUR therapist used to help DEFEND you in your trial.  He is not the therapist that the prosecutors used to help convict you.  If I am missing a key element here please write back.  But in the meantime if you feel that this therapist and you do not see eye to eye on issues and that your past association will in some way hinder your treatment then tell your parole officer that you wish to be assigned a different therapist.  And ask as soon as you can.  You seem to have some basis for being upset so maybe your past dealings would be a problem in your treatment.  


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