Can a Probation Officer Obtain a Probationer's Medical Records
A defendant in Colorado was sentenced to probation after a DUI conviction, with restrictions on the use of any intoxicating substances. The defendant went to the E.R. for withdrawal symptoms from a prescription medication. Is it possible that the probation officer will subpoena the records?
Re: Can a Probation Officer Subpoena a Probationer's Medical Records
If the probation officer knows of the incident, the probation officer will likely request that the probationer sign a release allowing the probation department to obtain the records. The probation officer's authority depends upon the terms of probation, which may include a requirement that the defendant provide copies of or medical releases for records that are potentially relevant to the terms of probation.
If the defendant knows that the probation officer is seeking the records, the defendant should consult a criminal defense lawyer.