Legal Question in Criminal Law in New York

Can a probation officer force you to go AA and find "Your Higher Power" after getting caught drinking.

I don't belive in all that, I had since enrolled in a Substance Abuse program that I will go to 3 times a week. The officer said I was "trying to negotiate the yerms of my probation" when I am just not into all the religiousness of AA. It just doesn't seem right, trying to force me into religion and accept "God"


Asked on 8/09/11, 8:25 am

1 Answer from Attorneys
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

No, that would certainly not be proper under his job to supervise you and determine whether you are law-abiding while on probation. One�s personal religious beliefs are not supposed to come in at all in probation situations and law enforcement situations. The only concern he should have is whether you are abiding by the law and the specific terms of your probation. That is because in the United State we have the separation of church and state. What to do about this is something else. You may or may not want to complain about this to his superiors- depending on how law-abiding you have been and whether you can back up any possible retaliatory allegation that you have broken the terms of your probation. Of course, consulting live with an attorney would be ideal. Feel free to contact me at the office. Best wishes,

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Answered on 8/09/11, 10:10 am


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