Legal Question in Criminal Law in Virginia

Probation

A person is on probation.the judge ordered that person to do one NA meeting a week.After one year that same judge ordered that person no longer has to do NA meeting.The probation officer states, allthose the judge ordered no more NA meeting.The probation rules states you must do what the probation officer request,the probation officer you continue to do one NA meeting a week. Can a probation officer overrule a judge?If the person dont continue NA meeting can they be violated?


Asked on 1/22/09, 11:15 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Probation

You should continue to do what the P.O. says, but then go back before the judge on a motion to clarify this.

While, no, the P.O. cannot overrule the judge, if the P.O. lists you as violating probation, it will set in motion a whole series of problems and you will be fighting uphill to unravel all the problems.

Technically, the P.O. does have power to impose reasonable restrictions necessary to carry out the probation, which would be in addition to what the judge orders.

But if the judge has specifically considered THAT exact question and said no, then I think the P.O. cannot do that.

And regardless of whether the P.O. has the authority or not, the judge is going to be very irritated that the P.O. is over-ruling him and is going to come down on the P.O. for defying the judge's ruling.

But you don't want to be on defense. You want to comply with everything and then ask the judge whether maybe you misunderstood what the judge said or not, what should I do? Who should I listen to, etc.

Read more
Answered on 1/22/09, 5:31 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia