I currently live in upstate New York and I am on probation and I'm in a drug court program. I have recently been incarcerated twice due to "being around someone deemed inappropriate" by my probation officer. The person deemed inappropriate is my fiance. She is not on probation or parole. She has never been arrested. She does not drink alcohol or use any illegal substances, and she has no orders of protection against me. Also there has never been any police contact between us for any domestic issues. One night we got into a verbal argument and it somehow got back to my probation officer that I supposedly beat her and choked her, which neither happened. Are my rights being violated in some way because as far as I'm concerned my probation officer is only doing this out of spite because of my family name which I may also add that both my father and step mom both have the same probation officer as well which should be a conflict of interest. I comply with everything else that I have to do on probation and in the drug court program and just want to move forward with my relationship with my fiance. Please help!
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Parole, Probation Deemed innapropriate
- Thread Starter mike88
- Start date
Betty3
Well-Known Member
I don't think there is much you can do. I'm not sure any rights were violated. You can always discuss it with a lawyer.
army judge
Super Moderator
You're on PROBATION and have been allowed to enter into a drug court program.
You ahve very few rights, even though you believe you are FREE.
You may not be in prison or jail, but you are still considered a prisoner and your area of probation is your virtual prison, along with the rules the court and the DOC, as well as Probation impose upon you.
Your PO is effectively your warden. If you want to continue to DO YOUR TIME OUTSIDE OF GREY PRISON WALLS, read your contract and the documents given to you by the court and the PO. If you continue to cause trouble for them, they will make big trouble for you.
Here you go:
http://www.criminaljustice.ny.gov/opca/general_faq.htm#1
The thing is I was not given any documents stating that I need to stay away from my fiance by either a judge or a po. It states in the terms and conditions of basic probation that I only have to stay away from other probationers or parolees or people who have drugs or alcohol around their property... Neither apply to my fiance. It is also to my knowledge that if there was such a order as for me not to be around someone it would have to come from a judge and I would sign paperwork stating that I would comply with said orders or face some type of punishment or sanction.
army judge
Super Moderator
If that answer works for you, good luck.
Tell it to your PO and see if he or she agrees.
Judges, law enforcement officers, probation officers, parole agents, prosecutors, defense attorneys, are very friendly.
Some call it a club.
Whether it is a club, or a very collegial relationship, you aren't one of the "cool kids".
Good luck in bucking their system.
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