What do you do when your probation officer has misread judges orders?

Fogcatcher · #1 Aug 13, 2007, 10:36 PM

Hello,
I really need some help here..
Heres my story...
I got into some trouble and went to jail. I have been out for over a year and a half and have been ok with my probation etc..however, just recently my probation officer contacted me and told me that I was required to enter an in house drug program when I got out of jail and is demanding I do this now. My probation officer is wrong..I found my court papers and it says that if while I am physically in jail,i have the option of attending an in house rehab program and then I would leave jail early. The verbage says immediatly upon release i must go directly in this rehab. But that never happened. I served all of my time. She is acting like this is part of my probation but it isn't. This was all discussed under alternative sentencing by the judge. I tried to explain she is misreading it.I explained i am working etc and I cannot go into a 90 day in house drug treatment program. (by the way I have never had a dirty test or anything) Now she is saying she is issuing a warrant for my arrest since i didnt enroll in this program. what do i do?? please someone..I really need to get this worked out..thanks

kkat94 · Aug 13, 2007, 10:40 PM

Quote:

Originally Posted by Fogcatcher

Hello,
I really need some help here..
Heres my story...
I got into some trouble and went to jail. I have been out for over a year and a half and have been ok with my probation etc..however, just recently my probation officer contacted me and told me that I was required to enter an in house drug program when I got out of jail and is demanding I do this now. My probation officer is wrong..I found my court papers and it says that if while I am physically in jail,i have the option of attending an in house rehab program and then I would leave jail early. The verbage says immediatly upon release i must go directly in this rehab. But that never happened. I served all of my time. She is acting like this is part of my probation but it isn't. This was all discussed under alternative sentencing by the judge. I tried to explain she is misreading it.I explained i am working etc and I cannot go into a 90 day in house drug treatment program. (by the way I have never had a dirty test or anything) Now she is saying she is issuing a warrant for my arrest since i didnt enroll in this program. what do i do?? please someone..I really need to get this worked out..thanks

Get an attorney immediately!

excon · Aug 14, 2007, 05:48 AM

Hello Fog:

I couldn’t agree with the previous answer more. You need an attorney now. I can't think of ANYTHING administratively that you could do to stop her from busting you and you sitting in jail to await a violation hearing. You already tried to explain. She didn't get it. She has the power to arrest you. She's doing it. If she's successful, you'll lose your job.

excon

s_cianci · Aug 14, 2007, 03:15 PM

Yes, you should consult with an attorney. I am curious though ; if I read your post correctly, you served your entire sentence in lieu of opting for this in-patient rehab program ; why then are you now on probation? Make sure that you're not the one misreading the court order and an attorney will help you with this.



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