Can probation officer change conditions of probation?

Question

Just starting 2-years probation for DWI (no accident/injury).
1. Judge orders monthly visits - PO changes this to weekly.
2. I had admitted myself to 8-week intensive outpatient program to get help to which Judge acknowledges and says monitoring can start after treatment - PO tells me to quit program so I can wear ankle monitor for 15 days.
3. I have no ride and not close to bus to attend appts with PO on Wednesday - all other days I have a ride. He tells me all appts will be on Wednesdays.
4. I have no vehicle and no phone. PO tells me probation will be revoked unless I put ign interlock on someone's - anyone's - vehicle. Tells me I must order basic phone service within next week (impossible expectation with phone company) so ankle monitoring can be ordered.
Etc., etc. I'm trying my best to do everything I'm told, but I feel as though I'm being set up for failure. Feeling so stressed that I want to drink... Is a probation officer authorized to make such changes?

Answer 1

Most of the answers you've had were very good answers. The Judge has set the terms and conditions of your probation, however, the one answer was correct; there are general terms and conditions that are inherent in every probationary sentence. Next, the ankle monitor is "house arrest," at least in North Carolina. That's not a normal condition of any probation unless the judge has specifically ordered it in my state so you may want to consult an attorney about that.

One piece of advice I didn't see in anyone's answer and something I tell all of my clients that have difficult probation officers is this: GET A NOTEBOOK AND KEEP TRACK OF EVERY CONVERSATION, CONTACT, OR ATTEMPT AT CONTACT WITH YOUR PO. Additionally, if he/she has ordered you to do things that you have attempted to do, keep track of every attempt to comply. THE NOTEBOOK IS YOUR FRIEND since I guarantee your PO is keeping excellent notes in his/her file.

Answer 2

In my state, and, I expect, in all states, the probation officer does not have the power to change the conditions of probation or to impose any special conditions not authorized by the court.
Regarding point one - I've never seen an order of probation ordering monthly reporting. It is usually ordered that the probationer report "as directed." This gives the PO latitude to require more or less frequent reporting for problem clients and for those who do well, and may not need monthly supervision.
Regarding point two - If the judge approved our intensive outpatient, and told you that monitoring could wait until you have finished, then you should present documentation to your PO. If he/she is unwilling to consider that, then ask to speak to his supervisor. Many, if not most, state probation/parole agencies are accredited, or seeking accreditation, and are required to have a grievance policy in place. Don't be rude, but be persistent.
Item 3 - Having been a PO for years, I question your honesty on this one. If this is the truth, use the grievance procedure.
If your state doesn't have one, you may need to consult with an attorney.
Item 4 - I no little about the interlock requirements, so cannot address that issue. But, if electronic monitoring was ordered, you will have to have a phone, and your PO can require you to get one.
Good luck. I think you're going to need it.

Answer 3

Advice.

1. Read the probation orders very carefully. In my jurisdiction, they state, "Meet with the assigned probation officer AT LEAST once monthly." Which means, if the PO tells a defendant to meet weekly, that's what they do, at least for the first month or so.

2. Consult with the attorney of record. They are more familiar with your jurisdiction than anyone you'll see online.

This may sound strange... but I would first try working with the PO and the PO's supervisor. If you don't get the issue resolved that way, then you are absolutely entitled to place the matter on calendar and have the judge clarify things for you, on the record.

Answer 4

For starters that was pretty stupid. However he was completely with in his legal rights. You were still under probation until all paper work was filed. When you are on paper you have no rights. Your PO can come into your home your school or anywhere else you may be and order a urine test. Your probation length is more of a suggestion than an actual release. If for some reason you haven't completed everything or gotten all your fines paid or met the finale requirements set forth by your Po in order to get your release he doesn't have to release you on that date.

Answer 5

This all depends upon what state you live in. The Judge may order specific conditions of your probation but there are also general rules and conditions of probation set by each state. The probation officer cannot give you credit for any treatment completed unless it is specified in the Court's written order that you are to receive credit for your completed IOP program. As far as appointment date and times, I'm afraid you may be at the mercy of your PO's appointment book. In addition, when you signed up for probation, you should have received a copy of the rules that you signed. If not, you can request a copy. After reading through the rules, you may want to consult an attorney to help you out.

Answer 6

Serious question, today I answered a charge to shoplifting at dollar general, I am guilty of attempting to steal a bra, as I noticed the camera I went to next isle and put bra down the manager already caught me on camera , manager was being very unruly and rude to me okay yes I am sorry for what I did first time offense will never do it again I had been dealing with a lot of stress and it happened, the officer came and he saw I was calm apology he knew who I was from the neighborhood , I was told today that I could get 10 to 14 days in jail but instead the judge gave me 2 days in jail and a fine of 568.00 , my question is this I have an auto immune disease called multiple sclerosis is it possible to ask for special circumstances?

Answer 7

Ok well your probation officer must do what the judge has ordered you to do. That is his/her job to carry out the court order. If he/she is telling you to do otherwise a judge can revoke you probation. My advise 1.) get a attorney to handle it 2.) If you can not afford an attorney contact the judge's clerk and explain it to that person, and also contact the probation officer's supervisor. Just be very nice when doing this cause remember your probation officer owns you for the duration of your probation..

Answer 8

Conditions of Probation can only be changed by a COURT ORDER. I suggest that you go to the Court, speak to the secretary or Clerk for the Judge that heard your case and DOCUMENT what your P.O. is doing. I would think that the Judge will do something on your behalf.

Remember - ATTITUDE is EVERYTHING ! Keep your voice soft and your demeanor civil. Don't cuss, or use foul language, and don't try to put the P.O. down. Just STATE THE FACTS.

Good Luck

Answer 9

Yes they can. If the judge decreed you do 2 yrs probation, they cannot change the length of time though. All the other stuff you mention is at the descretion of the probation officer. What did you do to make him mad? It seems a little extreme.

Answer 10

Only the Judge can change your conditions. However, as stated in another answer, the PO can make it a great deal easier.