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    hrechin's Avatar
    hrechin Posts: 1, Reputation: 1
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    #1

    Nov 1, 2011, 01:47 PM
    Probabtion officer has more power than judge?
    I went to court in Virginia for an underage possession of alcohol charge and the judge didn't order me to take any sort of substance abuse or alcohol course. Can my probation officer require me to take a class if I have it stated on my restricted license papers that the judge did not order me to take any such class?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 1, 2011, 02:29 PM
    The judge may have had the power to order you to take the class, but instead decided to leave that decision up to the PO. The PO has made that decision, effectively in behalf of the court.

    So, to answer your question, yes, the PO can require you to take the class.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 1, 2011, 03:09 PM
    The judge put you on probation, often the judge understands that probation for certain offenses will include certain things. So to answer it, yes the po can require you to do anything that is normal to PO standards. Urine tests, the PO can search your home or car without warrants and more.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Nov 2, 2011, 08:59 AM
    Depending on the particular county involved when you are on probation you can and will be subject to drug and alcohol testing regardless of what the original charge is/was. And the fact you were convicted of underaged possession of alcohol, it does make sense that you would be drug and alcohol tested. The PO does not have power over the judge's power, the rules of probation trump the judge and the PO. Even if you were convicted of say shoplifting you could still be subject to drug and alcohol testing on a regular basis.

    Why do you ask? Are you planning on drinking while on probation and are annoyed you have to take drug/alcohol tests now?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Nov 3, 2011, 10:19 AM
    Hello h:

    Write the judge a letter and ask him.

    excon

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