Legal Question in Criminal Law in Arizona
On probation in Maricopa County & out on Pre-trial Services for two new charges. Received three(3) pieces of paperwork when I was released from jail, 'Conditions of Release' for each case(1 for probation case and one each for the two new cases). All three specify the Judges Orders' concerning pre-trial home confinement. Notable is the fact that drug and alcohol monitoring is NOT ordered and therefore not an issue. My Probation Officer, however, sees this another way. Is it not a Conflict of Interest to even communicate with him based on the fact that he has already submitted an evidence based report for a revocation hearing? I mean, he wants UA's and I'm confused as to who or what to listen to.
1 Answer from Attorneys
The order of probation dictates the terms of probation; however, the terms can be amended by you agreeing to the additional terms by signing your agreement. Terms not agreed upon require the matter to be set before the judge on a motion to modify terms of probation.
It is not a conflict of interest for your probation officer to file for a probation violation when you are charged with new offenses.
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