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Old 10-30-2006, 07:14 AM
Drewdog Drewdog is offline
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Default Probation Officer vs Sentencing Judge - Does the PO have to follow probation order?

Received probation after pleading no contest to charges. Under the "I will not leave the state of Ok. without permission of the judge" portion in the (Rules and conditions of supervised probation), the judge hand wrote, DEFENDANT IS PERMITTED TO LEAVE STATE FOR EMPLOYMENT. After sentencing I took my paperwork over to the probation officer. I get interviewed, I come back in two days to let him know that I will be leaving for a job in Ky the next day. Had a good job in La but got laid off because I had to come back for court appointment. (Not complaining, its just the way things went.) Anyway, after explaining where I would be working and staying, he replied "I don't think so." I explained to him what the Judge wrote, and he looked on his copy to confirm the Judge's order and said, "Well thats just not going to happen." He then told me to come back in one week to get processed and to come back the following week to be evaluated. I explained to him that I had fines to pay and other obligations to pay. He didn't care. Can anyone offer some insight as to what to do in a case like this without irritating the PO to the point of making my life a living HE--! P.S. I've already lost out on the job in Ky, But hopefully theres one coming up in Florida in a couple of days. I drive Hvy Equip and Weld. Thank you in advance for your time and consideration.
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Old 10-30-2006, 08:43 PM
DJB's Wife DJB's Wife is offline
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I'm not sure about the laws in OK, but in MI the the PO does not have authority over probationers. The judge maintains jurisdiction and the PO oversees the order of the judge, though many act as if they have jurisdiction and the authority to create their own restrictions.

Maybe try googling the OK probation to see if you could find who has jurisdiction. If it is the judge, then I would escalate to the PO's supervisor and inquire on the basis for the PO to not honor the judge's order.

Good luck!
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Old 11-01-2006, 10:51 AM
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onry onry is offline
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http://www.doc.state.ok.us/offtech/toc16.htm this is the link on the DOC page that has references to probation and parole

this is the link on opm( OFFICE OF PERSONEL MANAGEMENT) for the state of oklahoma and the level descriptor for a parole officer

he is bound by the judges orders as far as i know and should be abiding by that order.
djb is right that you should speak to his/her supervisor and see if you get anywhere with that. i would also suggest making a phone call to the sentencing judge to ask about who has the ultimate say so as far as your employement goes.
most of the p&p officers are under the impression that they can do whatever they want unless you call them on it.
i know that this is a hard situation that could make things worse for you but you must stand up for yourself no matter what!!!!!

hope this helps have a great day!!!!!!!!!
yeah they say i am ONRY!!!!
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Old 11-02-2006, 08:46 PM
DJB's Wife DJB's Wife is offline
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I know someone that went through a similar situation where the PO made up their own rules - most won't question it. This individual did and because all they were trying to do was follow the judges order, there was not a problem in the end.
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