Q: What are my options regarding the probation department breaching an agreement that was discussed to avoid MTR and court?
Reported by probation that I had two failed UA’s. I spoke with PO supervisor to discuss options to avoid MTR and court.
- Option Available: Yes (Agreement between myself and probation)
- Option Included: Complete a 30 day in-treatment facility
Next:
All treatment facilities, recommended I wasn’t a good candidate for treatment, but probation made it clear it was the only option.
Finally located a center. They agreed to $15K all out of pocket and paid up front.
Kept dialogue and updated probation. Mainly regarding securing funding.
- Result: Motion to Revoke with zero com's
Violations in Question:
1) Positive UA’s: The agreement with probation was established to avoid the MTR PO breached.
2) IOP not started/completed: The probation contract states per condition of probation, I am required to start and complete the IOP. No mention that IOP needs to be completed within a time frame.
Should UA's be considered since PO agreement breached? What about IOP timeline?
A: Your "agreement" with the PO is unenforceable with the Court. It is the Court, not the PO, who has ultimate authority to modify the terms and conditions of your probation. It is not a question "whether" the UA's "should be considered". They WILL be considered because they are proof that you violated your probation. Quit looking for technicalities and contract law to get you out of trouble. You need a lawyer. You need to be in rehab. Get those two things done so you have a voice before the Judge who placed you on probation. Make an effort to work on your addiction instead of looking to avoid responsibility for the consequences of your addiction through legal loopholes. THAT is what an addict does. Get help, legal and medical. Good luck to you.
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