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  #1  
Old 09-09-2017, 08:23 PM
SkinnyWhiteGuy SkinnyWhiteGuy is offline
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Default Can what you say court ordered counseling be told to probation officer?

I have court ordered counseling.

Can what I say in counseling be told to the probation officer and be used against me?

Of course not those things where counselors are supposed to notify the authorities. Like if someone is in immediate danger.

Lets say I said during counseling that I did drugs or something, do I have any confidentiality or can the counselor tell my probation officer?

I know I had to sign something that allows the counselor to give progress reports to my probation officer, I guess this is so they can say I am going. But I couldn't be sure from reading what I signed if that gives the counselor the right to say other things.

Should I get what I signed exactly and maybe that will help you determine what my counselor is allow to tell my probation officer?

Last edited by SkinnyWhiteGuy; 09-09-2017 at 08:25 PM..
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Old 09-09-2017, 08:42 PM
CenTexLyn CenTexLyn is offline
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Anything you discuss is fair game to get back to the PO and the court. And if you are subject to polygraph testing, THOSE admissions will ALSO be reported.

Sounds like you never learned your lesson...enjoy jail and/or prison.
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  #3  
Old 09-09-2017, 08:46 PM
SkinnyWhiteGuy SkinnyWhiteGuy is offline
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I thought counseling is supposed to be confidential?

Also, what if they can't prove what I say in counseling? If I say I committed crimes, but what if there is no way for them to prove it. Can I still be sent back to jail for a probation violation?
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Old 09-09-2017, 08:50 PM
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But why would you want to risk it? Why tempt fate?

If you really need to "spill your guts" about something, why not just hire your own private therapist to talk it out with?

A court-ordered anything is usually understood to be the "eyes and ears" of the law. So I wouldn't take any chances if I were you.
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Old 09-09-2017, 08:59 PM
SkinnyWhiteGuy SkinnyWhiteGuy is offline
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But why would you want to risk it? Why tempt fate?

If you really need to "spill your guts" about something, why not just hire your own private therapist to talk it out with?

A court-ordered anything is usually understood to be the "eyes and ears" of the law. So I wouldn't take any chances if I were you.
definitely, I'm just wondering how tight lipped I Need to be because I sometimes get hit with lots of questions. My counselor even thinks I'm lying about a lot of shit.



I just don't get the point of court ordered counseling if it isn't confidential, what the heck is the point. Not that counseling would ever help me but it seems stupid to offer counseling where anything you say could be told to your probation officer.



I assume the reason my counselor can talk to the courts and PO is because I signed that waiver which mentions progress reports. I asked my counselor what that means exactly and he told me it is just to give dates you when you were there. I knew he was lying, not that I would take any chances.

If I didn't sign that waiver I believe the counselor can't say shit to the courts/PO. Even my PO mentioned that I need to sign that for the counseling to be valid.

Polygraph testing? Are you joking, i'm not a sex offender. I'm convicted of the lowest ranking misdemeanor.
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Old 09-09-2017, 09:01 PM
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Are they trying to make you submit to a polygraph?
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Old 09-09-2017, 09:04 PM
SkinnyWhiteGuy SkinnyWhiteGuy is offline
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No, I don't think they can make me take a polygraph. I know a sex offender in my counseling group has to take them, but he is a level 2 I believe.
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Old 09-09-2017, 09:10 PM
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Okay, I was just curious if maybe that was also court-ordered. Because that could change the dynamic somewhat.

I can understand your desire to want to be forthcoming to try to get the most out of treatment, but I certainly wouldn't volunteer any more information than you had to, to get through therapy. Especially not admit to any possible new crimes or probation violations.

Can you not just keep the conversation limited to your own life struggles? Issues with day-to-day functioning, what you're doing to keep yourself busy, extracurricular activities?

Are you feeling pressured to volunteer more than you have in group? I can understand not wanting to come across as uncooperative, but at the same time you are under no obligation to "unburden" yourself as far as letting them know every little detail of your private life.
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Old 09-09-2017, 09:25 PM
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Experience with you here shows that you want to make the most simple thing difficult and beat it to death. Simple answer...don't say anything you don't want shared. It really is that simple.
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Old 09-09-2017, 09:25 PM
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If you had not signed the paperwork, your file would have very quickly been back in front of the court for a probation revocation hearing.

What this all tells us, though, is that you are either continuing to engage in at-risk behaviors or, more likely, there really was A LOT more to the story you were selling around here.

Bottom line, however, is that ANYONE on supervision with a counseling requirement is going to have no confidentiality.
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Old 09-09-2017, 09:32 PM
SkinnyWhiteGuy SkinnyWhiteGuy is offline
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Let me ask you guys this, what if the counselor thinks I'm lying and hiding shit?

But I say I'm not and squeaky clean. What if he then decides to screw me over because he just doesn't like me.

Can he do something to get me on a probation violation?
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Old 09-09-2017, 09:41 PM
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Well, if there's no polygraph involved, how are they going to prove it?

I still think it would be better for any report getting back to your PO that you were being possibly deceptive in treatment by withholding info versus a report saying you were vagrantly violating the terms of your probation by admitting to something you shouldn't be doing though.

You do always have the option, if things ever get too uncomfortable in group, to just void probation and ask to go back to serve the remainder of your 90 days in jail and be done with it.
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Old 09-09-2017, 10:12 PM
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Not worth going back for what would be 40 days at rikers island when I got 9 months left of probation.

If it was maybe 2 weeks, I think I would go back, but not 40 days.

If my counselor gets on my case I'm just going to say look, I'm squeaky clean. "But if I wasn't why would I say otherwise? you could go tell my probation officer and I could get a probation violation".

I know its best to keep my mouth shut, but sometimes I can't, I don't think they could hold that against me if I say " why would I tell the truth about anything when I could get a probation violation and you have every right to tell my probation officer."

I probably will just say nothing as that will be the smart thing, but I just want to put it to him like that.
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Old 09-09-2017, 10:16 PM
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Well, if you tell them that, they WILL think you're hiding something.

Just try to play it cool. Go through the motions and at least attempt to engage in therapy.

Do what the Old Timers taught us New Fish when we were first starting out: "Fake it till you make it."

You might even find you get something out of it in the end, even if you are resistant the whole time. Some of it will still rub off on you.
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Old 09-09-2017, 10:26 PM
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Quote:
Originally Posted by SkinnyWhiteGuy View Post
Let me ask you guys this, what if the counselor thinks I'm lying and hiding shit?

But I say I'm not and squeaky clean. What if he then decides to screw me over because he just doesn't like me.

Can he do something to get me on a probation violation?
Welcome to the world of parole and probation.
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Old 09-09-2017, 11:12 PM
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Not to be negative but court ordered counseling is mostly not worth anything. People in it are afraid to say anything about a situation that might help them because they're afraid it will cause them more problems. I agree, I'd participate but keep my focus on everyday events, things that stress you out, how it's been adjusting to having the conviction, what you've learned & are doing differently, etc.

If you feel the need to unburden yourself, call your lawyer & talk to them. They are the safest people to discuss anything that you think law enforcement might have an interest in or misunderstand if they heard it. I have been told that even private therapists can have their records subpoenaed so I would ask before talking to one. It's sad that there is no one that you can safely share things with that would actually help you deal with issues.Something needs to change.
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Old 09-10-2017, 12:45 AM
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If you have questions about whether what you say is confidential, ask. Ask if the therapist can tell your PO. Ask if your therapist can tell your girlfriend. Ask if the therapist can tell your parents. Ask if your therapist can write it up in a paper. Ask.

If you fail to engage in therapy, the therapist will note this and your PO may violate you for not going to counseling/failure to engage in the therapeutic process.

If you don't like your therapist, get another one. Ask for a change in therapist if you're ina group or something where you have to have counseling through that group. Ask about the process of changing therapists. Talk with your PO about changing therapists.
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Old 09-10-2017, 02:09 AM
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This is a fascinating thread. Counseling isn't confession and it isn't interrogation. You are the patient, you get to pick the topics and drive the bus. Since you obviously weren't sent for sex treatment, why were you sent (you don't have to answer for us, but for you.)

You can always say you have urges to use drugs or drink, which lets you discuss those issues without ratting yourself out. You cannot fail counseling. If the pressure over control of the conversation continues, I think you can legitimately ask for a change in therapist. If you have a private doctor you'd rather go to and can afford it, I think you have the right to ask for that. They still will cooperate without being so draconian and perhaps prejudiced. Getting revoked because your shrink doesn't like you would be a travesty. If you haven't exaggerated here, I think I would talk to your attorney about the best way to deal with this.
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Old 09-10-2017, 07:20 AM
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Quote:
Originally Posted by SkinnyWhiteGuy View Post
Let me ask you guys this, what if the counselor thinks I'm lying and hiding shit?

But I say I'm not and squeaky clean. What if he then decides to screw me over because he just doesn't like me.

Can he do something to get me on a probation violation?
Professionals are very adept at sniffing out clients who are lying to them. They are not the ones that prepare and submit a Motion to Revoke Probation. They prepare a report and submit it to the supervising officer, who may then prepare and submit the Motion to Revoke Probation.

If the MTRP is filed, then you are entitled to a hearing. At that hearing, you get the opportunity to sell your line of crap, err offer 'defenses' to the judge. The judge would then make a determination whether to continue you on supervision as it previously existed, modify the conditions of supervision (potentially with an extension of the term) or to revoke the term and return you to custody.

The bottom line is that you need to be accountable and accept responsibility for your actions, something that your posts here suggest you simply never have been capable of doing.
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Old 09-10-2017, 07:39 PM
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I'm just so confused your almost done why F*ck-up now? Do you want court supervision foreverr? Maybe I am missing something but it seems like you want to get in trouble. Your not smarter than the system and you won't get any satisfaction by being a smart ass.
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Old 09-28-2017, 09:26 PM
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Quote:
Originally Posted by SkinnyWhiteGuy View Post
I have court ordered counseling.

Can what I say in counseling be told to the probation officer and be used against me?

Of course not those things where counselors are supposed to notify the authorities. Like if someone is in immediate danger.

Lets say I said during counseling that I did drugs or something, do I have any confidentiality or can the counselor tell my probation officer?

I know I had to sign something that allows the counselor to give progress reports to my probation officer, I guess this is so they can say I am going. But I couldn't be sure from reading what I signed if that gives the counselor the right to say other things.




Should I get what I signed exactly and maybe that will help you determine what my counselor is allow to tell my probation officer?


In the world of medicine and courts, things work oddly. The form tht you signed most prob was a release of info- basically giving the PO the right to call the Counselor to see if youre going,if youre on time. It gives the Counselor the auth to call the PO if you arent showing up.. You need to find out if you signed a HIPPA form, an auth of release of confidential information. On that form, there would be 3 separate areas that you have to give even extra permission for info releasing- psychological services, drug and alcohol info, and HIV status. If you didnt sign that, she is legally bound to keep your conversations private, unless a court order is produced. The exception to this is if you plan to hurt yourself, hurt someone else or have committed anything that would be considered sexual misconduct on a minor. Those are reportable offenses that she is required by law to report to the police, and in turn your PO. If your serious abt staying out of prison, it would be best to be honest w her and get help. But you can def ask her to explain what info is confidential.. and what isnt according to what you signed.She cant lie and tell you everything is confidential if it isnt.... best of Luck.
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