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Must a Defendant Sign a Release for Psychological Records for Probation

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  • 12-20-2016, 03:22 AM
    valawquestions
    Must a Defendant Sign a Release for Psychological Records for Probation
    My question involves criminal law for the state of: VA

    -The terms of a plea I took for a misdemeanor were to complete ___ hours community service (less then 50), submit to a mental health evaluation, suspended sentence of a year. I would be on probation until the community service and mental health evaluation were completed. Easy enough, BUT......

    -The PO assigns me to a group counseling thing. He said per the terms of the agreement, that I am to follow all directions the PO assign. He flat out told me he could pretty much keep me on probation for the rest of my life by assigning me one group after another when I questioned this. I ???'ed this, b/c who wants to be on probation for an extended period of time? Thoughts?!?

    PS: No one connected to the mental health thing assigned this group counseling.

    -I submitted to the mental health evaluation at an office the PO suggested. The mental health evaluation did not find me insane, to be a threat to myself or others or anything to that degree.

    -This is where my other question comes into play........
    I had been seeing a psychologist prior to the court case. This psychologist is completely independent of the office where I went to for the mental health evaluation. The PO wants me to sign a records info waiver for this psychologist. I had my psychologist fax over a note to the PO that I had been seeing them weekly, but that was it. That's all I believe they're entitled to. Can the PO force me to sign a carte blanche waiver? Why or why not?

    The PO is stating that I have to since the office of the mental health evaluation stated that they thought I didn't need to see them, that I should continue seeing the psychologist I was already visiting. The PO is saying b/c of that very broad statement by the mental health office, he now has rights to my records at another office completely independent of another, that NO court assigned to me visit.

    The reason I do NOT believe in signing over the records to my own personal shrink is b/c I believe it defeats the psychiatric value of seeing them in the first place and the ability to communicate w/ them while keeping your private info confidential.

    Additional info:
    -Never tested positive for any drugs.
    -After I took that plea, haven't been arrested or have any other pending charges.
  • 12-20-2016, 08:02 AM
    adjusterjack
    Re: Must a Defendant Sign a Release for Psychological Records for Probation
    That's the trouble with committing crimes. There are unfortunate and inconvenient consequences.

    The PO rules your life. You do what he tells you or you get violated.

    If you object to his orders you hire a lawyer and convince a judge to order a different set of requirements.
  • 12-20-2016, 08:48 AM
    Taxing Matters
    Re: Must a Defendant Sign a Release for Psychological Records for Probation
    I know nothing of your case, don’t know what crime you were convicted of committing, nor have I read the terms of your probation. As a result I am not in a position to say what the PO can order, and neither is a adjusterjack. I disagree with adjusterjack’s implication that the probation officer can order whatever he wants. He can’t. He is constrained by the law and the terms the court set out in your probation order. But before you risk screwing up your probation over this dispute, I strongly recommend you take your probation order to a criminal law attorney in the county where the court that sentenced you is located (or if it's a very rural area, perhaps the closest city) for an opinion of whether the PO may violate your probation or otherwise force this issue if you refuse.
  • 12-20-2016, 09:06 AM
    flyingron
    Re: Must a Defendant Sign a Release for Psychological Records for Probation
    Another option is to discuss it with the psychiatrist. If the only thing the PO wants is proof of active participation, the psych. can write letters to that effect, rather than disclosing the entire patient file.
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