case where person asks for probation officer not lawyer

Is your probation officer not doing his job?

However, from time to time there is a probation officer who is not doing his job. If you find yourself facing a probation officer who is not doing what he is supposed to do, you need to understand what steps to take to deal with your situation.

Where can a probation officer visit a defendant?

The probation officer may also visit the defendant at other locations within the community, such as the defendant’s place of employment; a treatment, volunteer, or community service agency; or a family member or significant other’s residence.

Can a probation officer enter your home without your consent?

The probation officer does not enter any closed areas without the consent of the defendant. The information obtained during the first home visit is used to assess the defendant’s risks, needs, and strengths for the purpose of preparing the initial supervision plan.

What can a judge do to a person on probation?

revoke the probation and place the person in custody. If the latter, then the judge can order the person to serve up to the maximum sentence for the crime of which s/he was convicted.

What was the outcome of the Griffin v Wisconsin case decision?

5–4 decision The Court held that a warrantless search of a probationer's residence is “reasonable” within the meaning of the Fourth Amendment because it was conducted in accordance with a regulation that is a reasonable response to the “special needs” of a probation system.

What is considered a conflict of interest for a probation officer?

If the probation officer has a personal relationship with a relative, friend or a professional relationship that's connected to the probationer, that would create a conflict of interest.

What do you call the person who applies for probation?

(b) "Probationer" means a person placed on probation.

Which of the following Supreme Court cases held that parole boards do not?

- In Greenholtz v. Nebraska Penal Inmates​ (1979), the Court ruled that parole boards do not have to specify the evidence or reasoning used in deciding to deny​ parole, p. 319.

How do you prove conflict of interest?

"A potential conflict of interest exists if the private interests of the person, as indicated by the person's disclosure statement, might interfere with the public interests the person is required to serve in the exercise of the person's authority and duties in the person's office or position of employment." Ohio Rev.

What are some examples of conflicts of interest?

Examples of Conflicts of Interest At WorkHiring an unqualified relative to provide services your company needs.Starting a company that provides services similar to your full-time employer.Failing to disclose that you're related to a job candidate the company is considering hiring.More items...

Can the petitioner apply for probation even he appealed his case?

An order granting or denying probation shall not be appealable. Thus, under § 4 the accused is given the choice of appealing his sentence or applying for probation. If he appeals, he cannot later apply for probation. If he opts for probation, he can not appeal.

What is the action of the court in case a probationer violated his probation conditions?

If the court finds the probationer guilty of serious violation of the conditions of probation, the offender may be ordered to serve the original sentence imposed.

Is probation a right or privilege?

What is probation? Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to prison/jail.

Which of the following is a court ordered requirement for a convicted offender to compensate a victim for the financial losses resulting from his crime?

Restitution is a court-ordered requirement for a convicted offender to compensate a victim for the financial losses resulting from his crime.

Which of the following is one of the three most frequent violations for which probation or parole revocation occurs?

The most frequent violations for which revocation occurs are (1) failure to report as required to a parole or probation officer; (2) failure to participate in a stipulated treatment program, and (3) alcohol or drug abuse while under supervision. • California has authorized nonrevocable parole.

Which of the following are standard conditions of probation that may be imposed by a judge Posttrial?

Which of the following are standard conditions of probation that may be imposed by a judge post-trial? Limitations on travel; Drug and alcohol testing; Substance abuse treatment.

What happens at a hearing for violation of probation?

A probation violation hearing is a legal proceeding that probationers must attend if they violate a condition of their probation. The hearing is he...

How does a probation violation hearing get initiated?

Depending on the circumstances, a PVH can be initiated by the probation officer, the prosecutor or the judge. One of these parties calls for the he...

Will the court issue an arrest warrant for a probation violation?

The court will generally issue a bench warrant for a violation. Bench warrants get their name because they are issued from the “bench,” which means...

Can a person bail out of jail while awaiting a probation violation hearing?

A person may or may not be able to bail out of jail on a probation violation. Sometimes the judge will issue a "no bail hold." Other times the judg...

How does a PVH differ from a criminal trial?

There are special evidentiary rules at PVHs. In criminal trials, the standard of proof is beyond a reasonable doubt. This means a prosecutor must p...

Do you always go to jail for probation violation?

It depends on the case. At the conclusion of a hearing the judge makes a finding as to whether or not the defendant violated any terms of his/her p...

What happens if a probation officer violates a condition?

If a person violates a condition, then: a probation officer (PO) or a police officer can arrest that person, and. bring him/her to a hearing. In addition, a judge may issue a bench warrant for the person’s arrest. Example: Sophia is convicted of shoplifting.

What happens if you violate probation?

If a party is found in violation of probation, then the judge may: reinstate the probation on the same terms and conditions, modify the conditions of probation with new, stricter terms, or. revoke the probation and place the person in custody.

What is probation violation hearing?

A probation violation hearing is a legal proceeding in a criminal court case whereby a judge determines whether or not the defendant is in violation of the terms and conditions of probation . This can occur for defendants serving either misdemeanor probation or felony probation.

What happens at the conclusion of a probation hearing?

At the conclusion of a hearing: the judge makes a finding as to, whether or not the defendant violated any terms of his/her probationary sentence. If a defendant did not violate the terms, then nothing happens. The defendant stays on probation and the conditions remain the same as before the hearing.

Why are bench warrants called bench warrants?

Bench warrants get their name because they are issued from the “bench,” which means “ the judge .”. Bench warrants are not the same things as arrest warrants. Arrest warrants are issued because of suspected criminal activity. Bench warrants get issued for such things like: a probation violation,

How long is misdemeanor probation?

This is awarded in lieu of a jail sentence. The term for this type of probation is typically up to one year unless the crime statute specifies otherwise. 2.

Can a probationary sentence be reinstated?

The defendant stays on probation and the conditions remain the same as before the hearing. If a judge says a defend ant did violate the terms, then the judge may: reinstate the defendant’s probationary sentence on the same terms and conditions (which is more usual for a first time violation),

What is the job of a probation officer?

A probation officer’s job is to make sure that you are complying with the terms and conditions of your probation. He or she is basically the court’s watch ...

Can a probation officer make you go into custody?

One bad word from your probation officer could land you in custody. If you are wondering what your probation officer can make you do, always look to the probation contract that you signed or the judge’s order that lays out the terms and conditions of your probation.

Can you go to jail for probation?

When you are allowed to be on probation instead of serving jail time, the judge can order you to perform a very wide range of tasks, if you don’t do those tasks then the judge can and will put you in jail. Here are some very common conditions that a probation officer may make you abide by while on probation.

What to do if you don't get satisfactory answers regarding probation officer?

Report to Court. If you fail to get satisfactory answers regarding a probation officer whom you feel is not doing his job, the next step is the court. In every judicial system there is a chief judge or a particular judge assigned to oversee the administrative operations of the court. The probation office is a part of the court system.

What to do if probation officer isn't doing his job?

So before you do anything about the probation officer who isn't doing his job, ask your probation office if there is such a document. With the complaint form--or on your own, if no such document is available--prepare a detailed report or complaint show why you feel the probation officer is not doing her job.

What is the ultimate authority on what can and cannot be done when a probation officer does not perform as required?

Generally, the chief judge is the ultimate authority on what can and cannot be done when a probation officer does not perform as required.

What is probation office?

The probation office is a part of the court system. Submit your written complaint regarding the probation officer not doing his job to the chief judge by delivering the complaint to the judge's chambers. If the complaint about a probation officer has to do with her performance in a particular case, the judge will only review the complaint, ...

Can a probation officer review a complaint?

If the complaint about a probation officer has to do with her performance in a particular case, the judge will only review the complaint, provided you confirm that the probation office has its own copy. Because you took a progressive approach to reporting the issue, the probation office will have a copy. If your complaint is reporting on the ...

Michael Adam Haber

Yes. Probation Officers have a lot more power and discretion than many people know. For example, you may not be aware that when you are put on probation many of your rights of privacy, i.e., search and seizure protections, are limited/waived. Some POs are decent people but many seem to enjoy throwing their weight around.

George David Cranton Jr

Mr. Brosnan is correct, probation officers can talk to employers, family or anyone else who may have information on you.

James F. Feuerstein III

Yes they can. Probation will often contact employers, family members, etc to check up on you.

3 attorney answers

No, it is not legal. Probation officers have a statutory duty to keep certain information confidential. This duty is outlined in RSMo 559.125.2...

C. Curran Coulter

This is very inappropriate behavior and unprofessional. If the information is medical or psychiatric in nature it could be a serious breech. Remember this individual runs your life so before you do anything contact an attorney. More

Lawrence E. Wines

I agree with the prior answer. It is unethical and unprofessional for a probation officer to discuss a case outside the office. It is also an invasion of your privacy.

A. Statutory Authority

B. Standard Condition Language

C. Purpose

D. Method of Implementation