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jatkins · Feb 22, 2008, 12:09 PM

My husband and I live in the state of Colorado.
My husband recently was charged with a class 5 misdemeanor and sentenced two years supervised probation. The conditions of his probation was Keep employment, keep a residence, and do not break the law. The judge crossed out the pages that said he had to take UA's or drug/alcohol classes or mental health classes. So, UA's etc... were not a condition of probation.
He had his first meeting yesterday and the probation officer asked about his case. She also was asking questions about where he got the money to pay our mortgage, also things like mine and his relationship (personall life). Also, questons about our children. He was in the office for three hours while she asked these kinds of questions. At the end of the meeting she told him that he has to start taking UA's 3 times a month and he has to pay for them.

Can she make him do the UA's if the judge said he didn't have to? Can she ask those personal questions; and he has to talk about them?

JudyKayTee · Feb 22, 2008, 01:18 PM

Originally Posted by jatkins

My husband and I live in the state of Colorado.
My husband recently was charged with a class 5 misdemeanor and sentenced two years supervised probation. The conditions of his probation was Keep employment, keep a residence, and do not break the law. The judge crossed out the pages that said he had to take UA's or drug/alcohol classes or mental health classes. So, UA's ect... were not a condition of probation.
He had his first meeting yesterday and the probation officer asked about his case. She also was asking questions about where he got the money to pay our mortgage, also things like mine and his relationship (personall life). Also, questons about our children. He was in the office for three hours while she asked these kinds of questions. At the end of the meeting she told him that he has to start taking UA's 3 times a month and he has to pay for them.

Can she make him do the UA's if the judge said he didn't have to? Can she ask those personal questions; and he has to talk about them?

Is this the same person who was living in the halfway house?

I think the Probation Officer can pretty much do whatever he/she wants - including asking personal questions that in theory "help her" decide what to report and/or recommend.

Fr_Chuck · Feb 22, 2008, 05:13 PM

You have better get used to this, this is not a "bad" probation officer this is a normal probation officer

They can do visits to his work place, vists to his home and more to see if he is following the rules. And normally there is allowance for them to order UA, but what the heck, he should not be using illegal drugs anyway, so he should be able to take all the UA he wants, since doing illegal drugs would violate his probation.

twinkiedooter · Feb 22, 2008, 06:16 PM

Sounds like the probation officer likes to write their own script so to speak on this one. I am surprised that they are asking for so much considering like you said the judge didn't order this part of the probation rules. Your husband may want to respectfully ask in a friendly manner a supervisor at the probation office if the probation officer is correct about ordering the drug tests for him and he has to pay.

The business of them asking all the questions in the world and taking 3 hours is normal. Some PO's can't ask enough personal questions to suit them. They can and will come visit if they want to at his job or home and your husband probably had to sign something to the effect that they can enter his home and inspect it as well at any time.

alannaxxbby · Feb 22, 2008, 06:30 PM

Im on probation too. I have to take a u/a once a week. The judge put him on probation right? The judge gave the probation officer rights to do what he wanted to him. My po can show up at my house at 4am and search my house give me a u/a or a breathalizer. He locked me up for 3 days for rolling my eyes at another po. So the po can pretty much do he wants. I've been on probation 3 months. My po is sick of giving me u/as and me passing. So I think I'm going to be put on unsupervised soon. Just tell your husband to hang in there ;] if he puts on a act they won't think he's into drugs or anything. And will forget the drug tests.

Fr_Chuck · Feb 22, 2008, 06:40 PM

Yes, and remember this is your husbands PO not yours and normally you complaining will only make it worst, And remember if you don't like this PO and do get it changed, it will only be his buddy who will then make a point to show you what bad is. Now they can't violate the law, but they can push it to the limit