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  1. #1
    Join Date
    Nov 2009
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    1

    Default Felony Violation Due to Unsuccessful Discharge of Counseling

    My question involves criminal law for the state of: Michigan

    Violation of condition: Failure to obey the rules and regulation of court ordered counseling which resulted in an unsuccessful discharge of the program.

    I have been placed on misdemeanor and felony probation and ordered to successfully complete cognitive behavioral therapy. The misdemeanor probation agent recommended a minimum of 16 sessions and that's the type of program the service provides. I completed the 16 sessions with exceptional effort. Each monthly progress report was good and there was no indication of any inconsistencies. After the 16th session the therapist asked me to remain in counseling. I asked on what basis determined a need for further treatment and the therapist gave me no other reason than to become "willing". As skeptical as I am of the psychiatric industry (fraudulent activity, systematic mistreatment, no credible evidence for diagnosis, etc.) I became opposed and said that I believe she was drawing me out and just hoping to fill her appointment book. After all our sessions I gave her no example of a need for involuntary treatment in which my perspective and behavior distorted my judgment and insight to a degree that my interests are jeopardized. So her request seems absurd. I also said that it would become a problem for me financially. None the less, I remained determined to complete it and planned to return the next session.

    A few weeks pass and I find out through my PO that I am not welcome back. This is followed by an unsuccessful discharge and a report from the therapist that states "non compliance; aggressive and hostile behavior toward therapist using aggressive language to control the situation." My PO says the therapist also claimed that I used abusive and threatening language towards her.

    These allegations are false. I was not enraged and did not use that sort of language. I was composed and rational and always careful with my language around the therapist.

    During my experience with her she pushed for transference based relationship which I told her I did not want. I also uncovered her to be deceptive and manipulative in her conduct.

    I’ve scheduled an appointment with a criminal defense attorney. I don’t know what is going to happen. I am facing a sentence for the balance of my offense of 5 yrs. Does this even constitute a probation violation? Does anyone have any experience with a similar situation? Does anyone have any comments on my defense? Keep in mind the prosecutor must prove the violation by more than 50% of the evidence, as opposed to ‘beyond a reasonable doubt’.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Felony Violation Due to Unsuccessful Discharge of Counseling

    You can talk to your lawyer or probation officer about completing another course of therapy with a different therapist. Failure to successfully complete the program can be treated as a probation violation.

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