Can my PO send me back to jail if I don't see a drug counselor?

Question

I am on probation for possession of methadone. I have 5 months left. My PO wants me to see a drug counselor. The counselor does not see anyone on prescription drugs. I have been prescribed deluded for chronic pancreatitis. I have had this for 6 years already. Can she make me stop taking the prescribed meds? Do I have to pay $375 to see her? Can my PO send me back to court if I don’t follow the requirement?

Jacob P. Sartz · Answer

Yes, your P.O. can charge you with a probation violation if you do not follow your P.O.'s requests. I'd recommend you consider retaining a lawyer to help you with this matter.   Speaking generally, if things deteriorate between a probationer and probation officer, the probationer may be charged with a probation violation. People charged with probation violations have basic rights, including the right to council, the right to a hearing, the right to see evidence used against them, etc. However, these hearings have a lower burden of proof than a criminal case, the rules of evidence are relaxed, and the prosecutor generally has an easier time proving their case. There is no jury option.   If a probationer is convicted of failing to comply with the terms and conditions of their probation, the presiding judge will re-sentence them. For people on felony probation, this is a big issue; especially if their original guidelines were in a straddle or prison cell, meaning the judge could give a person prison time for being charged and convicted of a probation violation.  Anyone looking at potentially being charged with a probation violation should strongly consider retaining a lawyer or asking the court for a lawyer at their arraignment.

Ryan L. Russman · Answer

Your PO can send you back to jail if you do not see a drug counselor.

Cynthia Henley · Answer

Some programs require that a person be on zero meds but those are programs - not just probation - and seems this is your issue with the counselor.  Talk to your p.o. about going into a different counseling program so that you are being cooperative.  Otherwise, you may need to hire a lawyer and get a detailed letter from your doctor so the lawyer can talk to the judge about the issue.  The problem may be, especially in this day & age and with your addiction, that the p.o. thinks that you are not in need but taking because you are abusing and found a dr. who will support that abuse.

Michael J. Breczinski · Answer

The agent can take you back to court for almost anything but the judge decides if the things he wants you to do are reasonable. You need a good attorney.

William Spern · Answer

If your PO wants you to do something to that is a part of your probation, the PO has the power to go to court and ask the judge to compel you attendance or jail.

Jared Altman · Answer

You should be able to take prescribed medicines. But, generally, yes, your PO could send you back to jail.

Dennis Roberts · Answer

Get your lawyer to put it back on calendar - then explain to the judge why you cannot see this particular counselor. I can't imagine they won't send you to another counselor who will see people on Rx drugs.

Mark R. Thiessen · Answer

Your PO can not send you to jail.  Only the Judge can.  But your PO can tell the Judge that you are not in compliance with the terms of probation and then the Judge will throw you in jail.  Best policy is to make friends with your PO and jump through their hoops.  They can make your life hell.

Seth Bloom · Answer

This will largely depend upon the terms of your probation. But generally, you are required to adhere to your PO's requirements.  You should contact the attorney who handled your case to inquire about the requirements of your probation agreement.  I

Michael Garber · Answer

Your PO needs to know your counselor won't see you, and find another one who will. If there is a charge for it you have to pay. If seeing a drug counselor is a condition of your probation the PO can request that your probation be revoked. It's up to the judge whether it is revoked.

Theodore W. Robinson · Answer

As a general rule, your Probation Officer can send you back to Court if you don't follow their instructions - if - they have been authorized to instruct you in a particular manner by the original Court Order. That means your original Court Ordered Probationary term had specific terms to it, in this case, probably drug and alcohol conditions. If that is the case, then yes, you can be sent back before the Court for a Violation of Probation.  As for being given Dilaudid for a medical condition, if you have a legitimate doctor who prescribed it to you, then that's one thing, but it better be legitimate.  If the PO wants you to go to a drug counselor for taking Dilaudid (which by the way is tantamount to heroin as far as I've been told) then you're going to very likely have to do exactly that. My strong suggestion is DO NOT GET INTO a confrontation with your PO over whether you're going to see a drug counselor. You'll usually lose that issue in front of a judge. As for the costlieness of seeing a counselor, that can be done through other means and the PO can usually help you find a sliding scale counselor.  Good luck.

John DeVito · Answer

A Probation Officer In Massachusetts is only permitted to enforce conditions that the Court imposed upon you at the time of the sentence or at at subsequent Probation Violation hearing. If the Court did not impose the condition that you see a drug counselor then the Probation Officer cannot force you to see the counselor. If it is a condition of probation, you must attend. If you do not see the counselor,your probation can be revoked and you can be sent to jail.

Craig Elhart · Answer

Your PO could bring your non-compliance to the attention of the Court.  You should discuss the situation you face with your PO.

Jason Savela · Answer

It is better to go to the judge with an attorney to discuss the issue prior to a revocation.  The judge sets the conditions of probation, not the PO.  The PO is like an arm of the judge.  But, sometimes POs overreach or just do not think things through.  In those situations, it is best to bring the issue up with the judge.

Jeff Yeh · Answer

You are at the mercy of your PO. That's what happens when you are on supervised probation, you lose a lot of your rights.

Mark Broughton · Answer

I'll bet your probation conditions ordered by the judge allows for prescription medication, used as prescribed by a physician (you better have a valid one). I suggest YOU (or your attorney) schedule a probation hearing to explain it all to the judge. He may tell you that you have to obey your probation officer, but find that the condition imposed by the PO is improper. He may even order any such ridiculous fees be waived!

Mark Bruce · Answer

This is the sort of thing which needs to be put in front of a judge.  Ask your lawyer to schedule a motion for revision of probation and present medical evidence to the judge regarding your legal prescription.

Thomas Tomko · Answer

The short answer . . Yes.  You are on probation.  Should you need relief from a requirement, you need to seek that relief from the Judge.  It this is a requirement of your probation, an dyou do not complete it, then you could be violated.  If it makes sense to not do something, like seeing the counselor, only your judge can change the condition.  I hope that this was helpful.

Daniel Kieth Martin · Answer

If the probation officer believes that you have violated probation they can allege a violation of probation and file that with the court.  If probation does file a violation you should contact a criminal defense lawyer.

Jeffrey Pollock · Answer

Yes, if you violate any terms of probation.

Aaron Black · Answer

Your PO can file a notice with the court that you are in violation of your probation with the court. A judge can then send you back to jail. So, the answer is YES. However, there are always exceptions.

James Schoenberger · Answer

If your judgment and sentence includes a requirement for drug eval and follow treatment, then yes, your CCO can violate you for not seeing a drug counselor. But surely you can find someone who will work with you while on your meds.

George Woodworth · Answer

You should get an experienced criminal defense Attorney to examine your Court records, make some calls, and see if he can straighten this out.  Generally, your P.O. can tell you what requirements you have to fulfill etc., and even direct you to appear in front of the Judge for noncompliance or probation violation hearing.  However, your situation may be different since you have the legitimate prescription requirement.  See a good lawyer who can examine the total case, and if necessary, present the facts to the Judge for a modification of your probation terms.

Louis Leibowitz · Answer

If you are required to participate in drug treatment, yes your probation officer can violate. Your probation officer can also violate you for failing to follow her lawful directions. Depending on your judge, you may be looking at jail. My advice is get in a program and get a lawyer.

Timothy Klisz · Answer

Yes. The probation officer controls the probation. The judge has the final say, however.

John Patrick Yetter · Answer

The ability of the PO to send a case back to court depends on the conditions contained in the rules of probation you are given at the time of sentencing. A violation is determined by the court, not the officer.  For that, the court has to find that your violation was willful and not just technical.

Michael Maltby · Answer

It all depends on the effect of the judgment and sentence. The PO may in fact be able to require drug treatment. I would seek legal counsel. The PO has to have the power eminating from an order of the court. The are to many unkowns from your email to get more specific. That said it is all too common for P.O.s to overstep their authority.   Good luck.

Stephen Freeborn · Answer

I don't know what the terms and conditions of your probation are, nor do I know what the substance of your court orders are.  Without knowing this, I have no way of advising you.  If your PO says you have to see her, you better do it.  If you are in violation of any condition set up by the court, the PO will inform the court and the court will decide whether or not you are in compliance.  It will be the judge ordering you to jail, not your PO. Where is your attorney through all of this?  I assume that you had/have an attorney.  Speak to that person.

Harley Gutin · Answer

It seeing the counselor is something that is required as part of your sentence (directly or indirectly) then the probation officer can violate you.  The Judge would then decide by signing a Warrant and then at a hearing if you have violated your sentence or not.

Kathryn Hudson · Answer

You should explain the situation to your PO and request that you meet with a counselor that understands chronic pain management as that counselor clearly does not.

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Can my PO send me back to jail if I don't see a drug counselor?

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