when someone asks for probation officer instead of lawyer

If that request is not granted, the recourse is for the criminal defense attorney to file a petition in the county and state where you had your criminal matter seeking a new probation officer. The court will hear the motion and make a decision on the request. IMPORTANT NOTICE: The Answer (s) provided above are for general information only.

Full Answer

Should I ask my probation officer what they think?

If at any point you are struggling with something in your life, you should ask your probation officer what he or she thinks. Your probation officer might be a good resource for advice on how to get a new job or find a new place to live. By asking your probation officer for advice, you show that you trust him or her as well.

Can a probation officer ask a judge to revoke probation?

Depending on the seriousness of the violation, the probation officer can request that the judge revoke probation. A probation officer can also help you if you want to shorten your probation. He or she will be allowed to testify at any hearing. Judges tend to give the probation officer’s opinion great weight.

How do you follow up with a probation officer?

As best as you can, you should get documentation of each conversation you have with your probation officer. Sometimes this is easy, especially if you can communicate by email. However, if you talk on the phone or in person, then follow up the call with an email summary of your conversation.

Should I Lie To my probation officer?

Be honest. You should never lie to your probation officer. You also should not make excuses for your conduct. If the probation officer asks you about your family history or the crime, be honest but don’t embellish.

What is the most widely known responsibility of a probation officer?

Supervision: Perhaps the most widely known responsibility of a probation office is supervising the offender in the community, The probation officer must ensure both that the offender follows the conditions of the probation orders and that risk to the community is minimized.

Which of the following are considered standard conditions of probation?

Typical probation conditions include rehabilitation or therapy, regular drug testing, maintaining a job, reporting to a probation officer, and avoiding criminal behavior. Failure to comply with probation conditions can result in another prison sentence.

What challenges do probation officers face when dealing with clients?

To accomplish their goals, probation officers must cope with complex paperwork demands, large caseloads and shrinking budgets that leave no room for error in dealing with clients. Candidates should consider the pros and cons of being a probation officer.

Is probation more successful than parole?

Parole has a better explanation of the end of a sentence and then release. Probation is often for good behavior in prison or jail. However, the actions and behavior of the person while still behind bars could alter the outcome of gaining either possible end.

Are all convicted persons who are not disqualified entitled to probation automatically?

Answer: Any sentenced offender, not disqualified, can apply for probation before serving their prison/jail sen- tence.

When must you apply for probation?

The application shall be filed with the trial court that tried and sentenced the offender at any time after conviction and sentence but within fifteen (15) days after promulgation of judgment. HOW TO APPLY FOR PROBATION? 1.

Are probation officers at risk?

According to OSHA, probation officers are in a high risk occupational category for workplace violence experienced by 2 million people in the U.S. each year. Those risks are notably higher for probation officers who work in custodial environments like prisons or mental institutions.

What are the three major ethical issues faced by probation officers?

When ethical dilemmas arise, probation officers must act appropriately to avoid compromising the integrity of the community supervision system.Difficult Work. ... Enforcing Rules. ... Truthfulness. ... Financial Profit. ... Reducing Monetary Temptation. ... Reducing Opportunity.

What are the disadvantages of probation?

Community Stigma. According to the Jrank website, offender on probation or parole often face harsh reactions from members of his community, who may feel that convicts shouldn't be allowed back into society to potentially commit other crimes. ... Few Job Prospects. ... Restrictions and Rules. ... Inconsistency in Monitoring.

Is probation the most common form of criminal sentencing?

Probation is the most common form of correctional punishment for criminal activity. It allows an offender to stay within the community, but under the supervision of a probation officer. Approximately 61 percent of convicted individuals are sentenced to probation.

What percentage of offenders are sentenced to probation after being found guilty of a felony?

Three percent of offenders convicted of a felony were given a probation term of greater than 5 years (not shown). More than a quarter of felony offenders sentenced to probation were required to enter a treatment program, including 41% convicted for felony drug crimes.

What do probation officers do?

Probation officers work to rehabilitate offenders. They supervise, counsel and help them before trial, during any prison or community sentence and on release from prison.

What is the condition of probation?

(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or. (b) there is undue risk that during the period of probation the offender will commit another crime; or. (c) probation will depreciate the seriousness of the offense committed.

What are of special conditions of probation?

These conditions may include payment of costs of supervision, reporting requirements, and drug testing. These conditions are set by the probation officer, not necessarily by the Court. However, the Court is within its discretion to impose special conditions of probation.

Which of the following is not one of the four types of probation supervision?

Which of the following is NOT one of the four types of probation​ supervision? Incapacitation probation.

Which of the following is most likely to be a special condition of probation rather than a general?

reentry courts oversee an offender's supervised release into the community. Which of the following is most likely to be a special condition of probation, rather than a general condition? The probationer must surrender his or her driver's license.

Why do you need to get along with probation officers?

Appreciate the stakes. You need to get along with your probation officer because he or she holds tremendous power over your future. For example, if you violate the conditions of your probation, then the officer must notify the court. Depending on the seriousness of the violation, the probation officer can request that the judge revoke probation.

How to get probation officer to know if you are running late?

Arrive early. You should always be prompt to any meeting. If for any reason you are running late, then call or email your probation officer so that he or she knows.

How to breathe when on probation?

Always remember to breathe. The probation officer may ask you uncomfortable questions about topics you would rather not discuss. Be sure to breathe from your abdomen and not your chest. If you breathe from your chest, you will sound weak and lacking in confidence.

What happens if you are sentenced to probation?

If a judge sentenced you to probation, then you will have to meet with your probation officer as part of your supervised release. The officer will come up with a supervision plan to help you meet the conditions of your probation and avoid any problems.

What to wear to an interview for an office job?

Wear the type of clothes you would wear to an interview for an office job. Men should wear dress pants and a collared shirt ( tucked in). Women should wear slacks and a blouse or a dress. Let your probation officer know if you have to meet immediately after work.

How often should you meet with a probation officer?

The frequency of your meetings will depend on the supervision plan crafted by your officer. Some offenders meet weekly with their probation officer. Others meet less frequently. Sometimes you will meet in your home or at your worksite.

What to do if you are ordered to remain drug free?

If you are ordered to remain drug-free, then don’t slip up. If you have to attend classes, make sure never to miss one. If the judge sentenced you to community service, complete all of your hours and do a good job. You make your probation officer’s life easier by following the rules.

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.

What to do if you are on probation and haven't been able to get into treatment?

Expect To Be Questioned About Required Treatment. If the Court required you to get into treatment, get a drug and alcohol evaluation, go to AA, do a particular class, etc. Be prepared to show your probation officer that you are complying with the Court’s order. If you haven’t gotten it done at least have it scheduled and be able to provide your probation officer with your date.

What to expect when you meet with a probation officer?

If you've been convicted of a crime and you are meeting with your probation officer there are things you need to expect. Obviously, the expectations of a probation officer are going to vary depending on the crime in which you were convicted and what court in which you were convicted in. For example, if you were convicted ...

What to expect at a probation meeting?

That being said, there are some universal things to expect when you go for your first probation meeting. Expect To Be Tested For Drugs And Alcohol. If you know you are going to be positive call ahead and see if you can reschedule the meeting.

Do you have to be employed to be on probation?

You may think it’s none of his or her business but it is. Most probation contracts require you to be employed and have a residence at a certain address. Make sure that everything you tell your probation officer lines up with the terms on that contract.

Do probation officers check warrants?

Expect That Your Probation Officer Has Ran A Warrant Check On You. Many probation officers will run a warrant check on you before you come in. Some will call law enforcment if you have an active warrant. So clear up your warrants before you go in.

What does a judge do when going before a judge on probation?

When going before a judge on a probation violation the judge will take into consideration all the facts and recommendations before him. Judges rely on the input of the probation officers and normally follow their recommendations. There are times when the judge will not follow the recommendations and that depends on the facts and the judge.

Do judges know the PO?

Usually they will. Especially if the judge knows and respects the PO

Do judges give probation officers weight?

Generally speaking judges give probation officers and their recommendations a lot of weight. However as the officer explained ultimately the decision is up to the judge.

Can a judge follow a PO?

The judge will typically follow the advice of your PO, but he/she is not required to do so. Your attorney may present evidence or argument based on things that your PO was not aware of or that may require further explanation.

Is probation officer recommendation binding?

The court will consider the probation officer's recommendation; it is not binding on the court however. Hopefully your attorney will present mitigating evidence and argue that the Judge follow the probation recommendation.