Ask Me Help Desk - Probation stipulations

I am on misdemeanor probation for driving without license (12 mos) and I've already served 6. The judge said after 6 months and payment of my fine he will consider suspending the remaining probation. In the papers I was given in court BY AN EMPLOYEE OF THE P.OFC. It has checked marks under the stipulations of my probation. The only thing checked was payment of the fine and 10 hours CS. Today I asked my PO about getting off probation because its been 6 months and I've paid my fine and she wanted me to take a drug test. I showed her on my and HER paperwork that it is not a stipulation of my probation. She told me it was and threatened me with revoking my probation if I didn't submit. I told her I would not pass it and I submitted to the test. She was EXTREMELY RUDE. When I say that I mean the meanest jerk A-hole would have wanted to stomp her a%&. She said she was revoking my remaining probation so I left the office. Can she use that test against me since it was not in the stipulations of my probation it violated my 5th amend. Right didn't it?

I don't see the 5th amendment here... what part? Self incrimination or not being read your rights or what? You voluntarily did the drug test. You could have left saying 'I have to be somewhere in 20 minutes' but you went through with it knowing you'd flunk. You argued with a PO, good grief. POs get a lot of leeway, regardless of a checklist of stipulations from a judge. Why? Because it's PROBATION. You are treated as someone who has been given special favors instead of being thrown in jail. POs deal with crap all day long and tend to get tough and nasty, and you walked into it eyes wide shut. Sorry.

Hire a good lawyer if you think you can fight use of the drug test results. Good luck. What will it get you? 6 months will be gone anyway.
If the court uses the results for any reason but extending your probation, then you have a case, I think.

I found my answer. I'm 6 months away from being a paralegal and was just wondering if anyone had come across this issue. Westlaw states that only a judge can stipulate the terms of probation. A probation officer can only request they be changed.

I submitted to it under duress, she threatened to put me in jail if I didn't take the test, which is not voluntary. I told her I would not pass but I have a prescr. For what would show up. She called me a liar and said she was revoking my pr. For lyin

She allowed a probationer before me to go home after he failed for mariju. Which is what he was on prob. For and he was 2 months behind on his payment. Tell me where the fairness was in that. And I'm not leaving out any details either.

Jackson v. Florida. Trial court commits fundamental error when it finds that a probationer has violated his probation based on a term not ordered by the court. While the court may delegate the normal supervision of probationary conditions to the probation officer, only the court may impose the terms and conditions of probation.

Quote:

Originally Posted by twelch576

Can she use that test against me since it was not in the stipulations of my probation it violated my 5th amend. right didn't it?

Hello t:

Couple things. I read your other comments... I don't know who told you this stuff is fair, but he was lyin to you... What you need to worry about is what your PO does to YOU - not anybody else. YOUR PO violated you. It's either for lying, or using drugs... Who cares? She doesn't need the test results. You ADMITTED it. That's enough.

No, your Constitutional rights weren't violated... A CITIZEN is entitled to due process, and is protected against unreasonable search and seizure... You, however, are a convicted criminal. While you are under sentence from the court, your Constitutional rights are LIMITED. Therefore, even though it may not have been checked on your sheet, you don't have ANY rights against searches and seizure, and your due process rights are severely restricted.

Now, you'll get your chance to argue your position to the judge, but I don't think it'll hold water..

excon

I agree that it isn't right/legal. She will get away with it though. Feel free to fight the fight.

The PO has the right to request a drug test from anyone on parole, it is very standard and common practice. They can even do a home or work place visit and inspection if they want to.

There is no right violation and you are confusing the right of someone accused of a crime and a person convicted of a crime and are on probation ( or in prison).

You will be placed under the rules and regulations of the department of corrections ( who normally do the probation for state) or another department in your state.

There are many rules and regs ( 1000's of pages of them) that you are automatically under when placed on probation.

The items checked are those specificly required and does not mean there are not others.

If you had a prescription, there is no worry, you take the test and have a bottle from the drug store written by your doctor to show you were legally given a drug, There is never any fear if you are not taking an illegal drug and have proof of proper use of your medication.

And test for POT is not a test for other drugs.

But now what happens if you will go before the judge, if you think you have a case, fight it before the judge

YOu're not going to make such a good paralegal if you continue to think like this. Just because the guy ahead of you got sent home after flunking his test does not mean he will not be violated and have to go to a VOP hearing and then get punished for the violation. You are thinking that everyone is treated the same. Wrong. Each person is treated differently due to their individual circumstances.

Am quite surprised that you decided to drive on a suspended license and going to paralegal school.

You should have informed your PO about what doctor prescribed meds you are taking prior to taking any tests. They are not mind readers as you seem to think. Even if you are legally permitted to take the prescribed drugs you must tell the PO that you are in fact taking them and show paperwork backing this up.

I sure hope you don't become a criminal paralegal as you will be handing out a lot of wrong info. Stick to something less demanding like real estate or probate law instead.

Also if you want off probation early you need to ask the Judge not the PO. You'll have to schedule a hearing after submitting a Motion for Early Termination. If anything you've successfully pissed off your already nasty PO by your actions the other day.

Paralegal school is fine and dandy but you will find that in the real life in a law offices most of what you learn in paralegal school is worthless to put it mildly. They only briefly touch upon individual areas of law. Most of what you will learn will be on the job at a law office when you get out into the real world of the legal profession. A lot of criminal stuff is not touched upon in paralegal school properly. A lot is just not able to be covered in minute detail as you will shortly find out.