Is Your Probation Officer Exceeding His or Her Authority?
When a person is placed on probation in Florida, the sentencing judge orders the person being placed on probation (the probationer) to complete certain conditions; he also orders the probation office to monitor the probationer's progress. As long as the probation officer is simply supervising a specific, judge-ordered condition of probation, all is well. However, problems arise whenever a judge delegates authority to a probation officer to impose what amounts to additional conditions of probation.
That is precisely what occurred in the case of Carter v. State of Florida. In that particular case, the judge ordered the following: "As directed by your Officer, you will enroll in, regularly attend, and successfully complete, such programs as are reasonably related to your past and future criminality, or the rehabilitative purposes of probation; including but not limited to alcohol and drug treatment and counseling, mental health counseling, vocation and education courses, rehabilitation programs, evaluation and therapy."
On appeal, Mr. Carter successfully argued that allowing his probation officer to select the appropriate rehabilitative programs he should attend amounted to an improper delegation of authority by the judge to the probation officer. In agreeing with him, the appellate court stated that the judge "[did] not simply grant to the probation officer authority to supervise or direct a specific condition of probation . . . . Rather, [the judge allowed] the probation officer to actually impose a wide variety of programs related to rehabilitation . . . ."
If you are on probation and believe that your probation officer is exceeding his or her authority, you may need to consult a criminal-defense attorney in order to find out whether or not you are correct. If you are, in fact, correct, your lawyer will probably have to file a motion with the court asking the judge to modify the illegal condition of probation.
If I have been ordered to maintain a job as part of the condition of my probation,does my probation officer have the authority to dictate what shift I can work a job? I have found a job on 2nd shift but my probation officer says I can't work that shift,that it has to be on first shift. Can he do this? I live in North Carolina.
Attorney Chapman's response:
File a motion with the judge who sentenced you asking that you be allowed to work the second shift. If the judge orders that you can do so, then your probation officer will have to obey that order.