Can a probation officer that is not my probation officer take a warrant out on me and tell me that I have to report to the office?
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Can a probation officer that is not my probation officer take a warrant out on me and tell me that I have to report to the office?
My husband and I are probation for the same charge, I am on non-report with one probation officer and he is on high level probation with a completely different probation officer. My husband’s probation officer called and threatened me with a warrant that he just typed up and told me I had to report to the office.
Asked on June 19, 2012 under Criminal Law, Georgia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Any probation officer from your jurisdiction would technically have the authority to require you to report because they are vested with the same powers, duties and responsibilities. So, legally, yes, he can require you to report. However, inter-departmentally, he may not have that authority. Most probation offices are set up as you describe where each probation officer will have their own caseload. It's unusual for one probation officer to sue spante jump into someone else's caseload. Your best bet is to report, but also to put a phone call into your regular probation officer to let them know what is going on. You're husband's P.O.'s request for you to report wouldn't necessarily be illegal, but he could be subject to some type of internal review.
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