Legal Question in Criminal Law in Massachusetts

probation forcing patients off methadone! legal or not?

I have a very simple question, I have a friend on probation for a drug related crime, she is now on methadone and doing great. The problem is her probation officer is ordering her to get off of this drug that her DR has prescribed. In this same court house other POs order addicts to get or stay on methadone so how can a PO without an MD degree or a probationer off of a drug prescribed from her MD? PS Methadone does not show up in drug screens done by the courts, this girl was honest in telling her PO she was on Methadone and thats when the PO told her she had 20 days to get off or be brought in for violation of her probation. Please help me make sense of this. Ive looked everywere for answers. Thanks in Advance,--name removed--Bennett


Asked on 5/09/02, 11:58 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: probation forcing patients off methadone! legal or not?

When a person enters probation, they create a contract with the judge. They must abide by the terms of the contract. The terms can only be modified by a judge. A probation officer can't change them. The person should review the terms of probation with the officer and make certain they both understand the terms. If they disagree, then she should have her lawyer bring a motion to clarify the terms of probation. If the terms prohibit a lawful activity that she wants to engage in (methadone treatment) then her lawyer should bring a motion to amend the terms of probation.

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Answered on 5/09/02, 7:35 pm


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