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Seandee · Nov 17, 2011, 02:41 PM

In 2007 I was placed in a Pre-trial program. When I entered the program I was told by the director and a magistrate court judge that stipulations placed on me cannot be enforced outside of the pre trial program. For example it was stated in the agreement that I could never seek P.O.S.T (peace officer standards and training)Certification, had to do community service and pay a fine.

Currently I am looking to go into probation's at the time I though POST only certified police officers. Since then I have learned that this is not the case.

My question: Is what I was told true? That she couldn't stop me from seeking post certification because it goes against the pre trial program.

JudyKayTee · Nov 17, 2011, 03:06 PM

Where? Location matters as laws vary.

Would you please clarify "... I am looking to go into probation's at the time I though POST only certified police officers." What are you intending to do?

I would, incidentally, believe the Judge/Magistrate.

Seandee · Nov 18, 2011, 06:27 AM

This is in GA. I would like to become a Probation Officer.

excon · Nov 18, 2011, 06:42 AM

Originally Posted by Seandee

In 2007 I was placed in a Pre-trial program. When I entered the program I was told by the director and a magistrate court judge that stipulations placed on me cannot be enforced outside of the pre trial program. For example it was stated in the agreement that I could never seek P.O.S.T (peace officer standards and training)Certification, had to do community service and pay a fine.

My question: Is what I was told true? That she couldn't stop me from seeking post certification because it goes against the pre trial program.

Hello S:

You say stuff was "stated in the agreement", and then you ask about what you were "told". If your agreement was written, I'd read it again, and/or tell us EXACTLY what it says. If it was TOLD to you, then I would disregard it. Plus, I have a problem with stuff you CANNOT do being listed in your agreement, for example, I don't know why they didn't list medical school, or becoming a lawyer as things you can't do...

Finally, I have trouble with you having to pay a fine and do community service if you were NEVER convicted of anything. I understand pretrial supervision. But, it's NOT the same as POST trial supervision. In one, you're a convicted criminal. In the other, you're a free citizen. They ain't the same...

So, if you can clear up these details, I CAN give you a clear cut answer. So can Judy.

excon

Seandee · Nov 18, 2011, 07:42 AM

Excon:

Thank you for responding!

Terms listed in the agreement were:
1. 1000.00 fine
2. Responsibility class
3. 100 hours of community service.
4. Never see POST certification.

I was in the pre-trial program for one year. After I completed the program. The charge was dismissed and the arrest was expunged from my record.

excon · Nov 18, 2011, 07:58 AM

Hello again, s:

Thanks... It's a strange proscription... I don't know HOW they would enforce it... I don't know WHO would enforce it. I don't know HOW they'd know if you attempted to violate it, or if they'd CARE, or WHO'D care. But, even if the POST certification requires a background check, I can't imagine they'd uncover the contents of this agreement.

So, if you applied, and they said no, that's the WORST that can happen. I'd give it a shot.

excon

JudyKayTee · Nov 18, 2011, 08:06 AM

Originally Posted by excon

Hello again, s:

Thanks... It's a strange proscription... I dunno HOW they would enforce it... I dunno WHO would enforce it. I dunno HOW they'd know if you attempted to violate it, or if they'd CARE, or WHO'D care. But, even if the POST certification requires a background check, I can't imagine they'd uncover the contents of this agreement.

So, if you applied, and they said no, that's the WORST that can happen. I'd give it a shot.

excon

I'm with you! Another unenforceable "decision" by the Court.