If my probationer officer tells me that I’m not being violated on something, can his boss review the case months later and then tell him to violate me?

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If my probationer officer tells me that I’m not being violated on something, can his boss review the case months later and then tell him to violate me?

I am currently on probation and my probation officer got a couple of phone calls from my ex-wife and someone else stating that I did something that I didn’t do. My probation officer said he was not violating my probation on these accusations because he didn’t feel they were violations but was giving me a warning and if these things did happen don’t do them again. On my last probation visit he told me he was violating me on these accusations because his boss looked at the case and told him to violate me. Can they do that after I was told I wasn’t being violated?

Asked on August 30, 2012 under Criminal Law, Massachusetts

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your probation officer is subject to an audit and review at any time by his boss or by the judge.  If his boss instructs him to file a motion stating that you have violated the terms of your probation, then the probation office can do so at any time before your probation expires.  The caveat and the factor in your favor is that there is a delay in the filing and your probation officer had concerns about the validity of the claims.  If you are before the judge, make sure that this info gets to the judge before he makes a final decision on your case.


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