Tuesday, November 22, 2016

How do you deal with a Probation Officer / PO who's giving you problems at every turn? ~ Chosen as "Best Answer" on AVVO! ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     How should I try and deal with my probation officer?  I've been on probation for a few months now, and I've been trying to get a state transfer(due to my living situation). I brought it up to my probation officer and he told me that I have to get my community hours done before he can do the paper work. I get that done...then he tells me to make a payment (a certain amount). I get that done...now it's already 2 months later and he still hasn't done anything. Now he wants me to pay another amount before the paper work gets done. He knows my living situation and I feel like he is trying to get me to violate by me not having anywhere to stay. I want to go to his supervisor and file a grievance but I was told that might not be a smart thing to do. I'm pretty much out of choices and I get off of probation in a few months so I don't want to ruin it. What should I do? Thank you!

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


Lawyer agrees
Best Answer
chosen by asker
Answered You are going about it all wrong.

My advise is simple: Stop playing lawyer and hire one.

It's not up to your PO it's up to your Judge.

The issues of probation enforcement, modification, ET and transfer are all 100% discretionary with the Court - that is to say that the Judge is free to say either yes or no without fear of appellate action... it is entirely the Judge's call. Good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc... all of these intangibles can effect the Judge's attitude and ultimate decision.

Thus, the best way for you to hedge your bet and to accomplish your objective is for you to hire yourself a dialed-in criminal defense lawyer who can stitch together a comprehensive and persuasive packet of materials geared toward skewing the ruling in your favor. As with most things in criminal court, your odds are likely to exponentially increase with a skilled and experienced criminal defense lawyer at the helm. You have taken this most reasonable step and now must await your's Judge's ruling.

If you seek intrastate transfer (i.e. to another county in FL) you have the additional burden of either getting the target county to accept the transfer. If this proves to be a problem then you should be prepared to argue for a modification to either administrative (i.e. "call in") probation or non-reporting probation.

If you seek interstate transfer of probation (to another State), the approval process is more complicated. Not only do you need your Judge's permission but you also must meet the criteria for transfer pursuant to the interstate compact on adult offender probation. The interstate compact is an agreement that all 50 States subscribe to and which governs the transfer of probation from State to State. You can access their website at the following URL: http://www.interstatecompact.org/

Thus, even if the FL Judge grants you permission to relocate the "target State" still has to accept your transfer of probation. If they do they you are golden but if they don't then your request for transfer will be denied and you are stuck. In this event your options are as follows: 1) You can try to petition the target State for a waiver vis-a-vis a lawyer in that State; 2) You can petition your FL Judge to early terminate (ET) your probation; 3) You can petition your FL Judge to convert you to "administrative" (i.e. "write-in" or "call-in" non-supervisory) probation; or 4) To stay in FL. You have no other options as I see it.

Still, 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.)

When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.

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


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