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  1. #1
    Join Date
    Feb 2007
    Posts
    1

    Default Changing Terms and Conditions of Probation

    I have been on felony probation in Fresno, California and have about 2 months left to go (well I did have anyway). My probation officer decided he wanted me to voluntary drug test which I have no extra money for there fore did not do it. He then had me put on calendar for court and had my terms and conditions changed without any violations or other charges. I have never had drug charges or even given him any reason or the courts for that matter to suspect drugs. At the time of the probation modification hearing I didnt know that you could have legal representation and therefore didnt contact my attorney which I had for my original case. I did however find out different at the hearing that I would be represented by a public defender. He actually went to bat for me by saying that on the record he objected to this and he told me that he was going to have someone contact me. Which by the way never happenend. Anyway to make a long story short my probation officer got his way and had me drug testing every week and had me go to an outpatient program once a week for two hours for 6 months. I missed two tests and one meeting because of financial reasons. I was then arrested at my home by about 10 officers for a probation violation. They wanted me to stay in jail for 4 months or go to a rehab for 6. I not knowing how this whole violation process went chose the 6 month rehab. My question is this. Is it legal for them to change my terms and conditions of probation without some kind of a violation or a new charge?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Changing Terms and Conditions of Probation

    Probation is a privilege, not a right. The probation officer had reason to believe you were using drugs, you chose not to satisfy him that you were not (you say because of cost, but let's face it - you would have dropped positive). The terms of your probation were then modified, and the modifications were approved by the court. You then violated your probation by continuing to use, missing drug tests, and missing counseling. I'm not judging you here, whatever you think this may sound like. I'm just describing what happened.

    The rehab is a good thing if you take advantage of it. Right not it sounds like you're stumbling over step one of any 12-step program - admitting your powerlessness over your addiction.

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