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  1. #1

    Question Probation Officer Limitations

    My question involves criminal law for the state of: MD.

    I was just wondering where the court's power ends and where my PO's power begins. I was given a PBJ (probation before judgement) for a DWI and have recently received my probation conditions. I have the standard conditions, aside from being pigeonholed in MD, as well as a host of community service activities, MADD, AA, and victim impact meetings. At no point did the judge add to my probation any form of drug testing. When I went into my first meeting with my PO he mentioned that I wasn't even in the system yet. I showed him my court docket and he suggested to me that that I would be drug tested and that "I should kick the habit". He didn't drug test me that day and I have a meeting with him on January 12th. I have no problem going clean and currently am. I am just wondering about the statute of limitations regarding their power. Is this allowed? I always assumed that the PO was subject to the court's demands. I am not posting here to be lambasted for speculation; don't bother posting if you're going to be a condescending clown.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Probation Officer Limitations

    Typically your probation includes two sets of orders - the standard order referring you to probation, and an additional order set by the court for your specific case detailing any additional requirements. If you want to know what's in the orders governing your probation, read them. If the judge signed off on the terms you recently received, there's your answer.

    If you make a stink with your probation officer that you don't want to be tested for drugs or alcohol because you don't think the court ordered it, you had best be certain that you're right as that's a huge red flag. And, assuming you are right, you should expect that your probation officer will quickly take your case back before the court to seek authorization for drug and alcohol testing.

  3. #3

    Default Re: Probation Officer Limitations

    I have consulted my terms of probation and they do not include drug testing. I am curious as to whether or not my PO can up and decide one day to drug test me or if he'd have to bring me to court to have a judge alter the terms. I guess I am curious as to why he'd be able to drug test me without the consent of the judge (or a judge) who delineated the terms of my probation, that would seem to suggest the PO can override the court's orders. Is there any documentation you are aware of that I could consult that says the PO would be required to go to court with a motion to alter my conditions or any documentation that says that he is free to do whatever he pleases with regard to restructuring my probation terms. I really appreciate your time and advice.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Probation Officer Limitations

    Here is what will happen.

    He will ask you to submit to a drug test voluntarily.

    You will say no.

    He will go to court and ask that it be added to your restrictions.

    He will ask you to submit to a drug test.

    You will not be able to say no.

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