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  1. #1

    Default Can Probation Officer Arbitrarily Set Alcohol Conditions

    My question involves criminal law for the state of: MA

    Hi,

    As part of my probation, I was ordered to complete an alcohol evaluation. My probation/court documents made no mention of me having to stay alcohol free.

    I completed this alcohol evaluation with an alcohol counselor, and was all set to be discharged after a few months once I passed a breath test.

    However, at this point my probation officer ordered me to attend further sessions, and mentioned that I have to stay alcohol free for the duration of my probation.

    Therefore, I am wondering if I have any legal rights in this regard? Surely if I completed an evaluation with a trained alcohol counselor then my probation officer cannot overrule that? Or is it up to the probation officer to decide on the conditions?

    Looking forward to hearing some replies.

    Thanks

  2. #2
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    Default Re: Can Probation Officer Arbitrarily Set Alcohol Conditions


  3. #3
    Join Date
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    Default Re: Can Probation Officer Arbitrarily Set Alcohol Conditions

    Dare I ask, why did your PO order more treatment and abstnence. What triggered that decision?

  4. #4

    Default Re: Can Probation Officer Arbitrarily Set Alcohol Conditions

    Quote Quoting viol8te
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    Dare I ask, why did your PO order more treatment and abstnence. What triggered that decision?
    Nothing other than the fact that I have decided to be more responsible with my drinking, rather than abstaining completely. My counselor was fine with this, but my probation officer is not. That is my thinking

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    What am I looking for here? There are quite a few links so not sure what to look for

  5. #5

    Default Re: Can Probation Officer Arbitrarily Set Alcohol Conditions

    In most jurisdictions the Probation Officer has considerable leeway to add / modify conditions as long as those conditions do not violate the Order of the Court. I think you need to ask yourself a couple questions: Do you enjoy freedom? Is drinking worth the risk of losing your freedom?

    The PO is NOT the person to antagonize.

  6. #6
    Join Date
    Sep 2005
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    California
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    Default Re: Can Probation Officer Arbitrarily Set Alcohol Conditions

    You are certainly free to defy the PO's order and take the matter up with the court. But, to take such a confrontational step simply to keep drinking is a sign of a further problem in and of itself.

  7. #7

    Default Re: Can Probation Officer Arbitrarily Set Alcohol Conditions

    Quote Quoting cdwjava
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    You are certainly free to defy the PO's order and take the matter up with the court. But, to take such a confrontational step simply to keep drinking is a sign of a further problem in and of itself.
    Thanks for the feedback. I certainly wont be defying the PO's order. If I have to do it, then I will, it is as simple as that.

    But I don't understand why I need to remain alcohol free. My offence was a first offence, relatively minor, I have been in no trouble since, and I do not have an alcohol problem.

    Could I do, for example, the following:
    1. Comply with the PO's order and remain alcohol free
    2. Simultaneously go to court and get this alcohol-free order dismissed WITHOUT it sending me back to trial

    I'm just interested to know what rights I have with my PO without being sent for trial

  8. #8
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Can Probation Officer Arbitrarily Set Alcohol Conditions

    OP needs to understad that hen you are on paper, your decision to be more responsible compared to the court's idea of abstinence is a no win. If your PO decides that it is best to abstain from all substanced entirely, I suggest you do so. Otherwise, judge ordered reinforcement is just a court date away.

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