Tuesday, December 15, 2015

If my PO is out of Town can I get Violated by a Different / Substitute Probation Officer? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can I get violated by a different probation officer?  If my community control officer is out of town and I get assigned to a new officer for the time being can that officer violate me or does he have to run it by my assigned probation officer?   I'm asking this because all officers have different rules? 


A:     Chosen as "Best Answer" by Asker on www.AVVO.com

Licensed in FL



Best Answer
chosen by asker
Answered . Yes, you can be violated by your substitute PO (just as you could get detention from your substitute teacher in high school).

You are incorrect if you believe that "all officers have different rules" as all PO's are obligated to follow Florida Statues, the standard conditions of probation (see F.S. 948.03 - http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.03.html ) and and special conditions which you may have been assigned.

What does vary from PO to PO, however, is how they choose to exercise the discretion that they all enjoy in enforcing the rules. For example, your PO and your sub-PO may view a violation differently, or may view whether to act immediately on one differently... capiche?

Regardless of who is supervising you if you follow the rules and a) do what you are supposed to do (when and how you are supposed to do it) and b) do not do anything that you are nor supposed to do then you should have nothing to fret over.

In the interim you might consider taking a look at both my Avvo Legal Guide on surviving probation / CC in Florida as well as my YouTube Webisode on "Power Tripping PO's" as they both contains a great deal of information on the subject, supplement this answer and may prove to be helpful to you. For your convenience links to both follow:

Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it   

Haber PA's YouTube Webisode on Power Tripping Probation Officers -https://youtu.be/TZ6T32w0NAA

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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