Q: One of my conditons on probation are not being around minors, the judge won’t modify to see my son because I violated..
I was able to see my son since day one. I violated probation and they took my approved supervisors away so I now haven’t been able to see my son for a year. My ex went through training and paid to become a supervisor again and she’s getting the run around being told to check in next month when I’m continuing my compliance... put in a request for a modification and the judge said it’s up to probation... can they continue to keep me from my son?! My case has nothing to do with him!
A: The Judge is passing the buck - he or she CAN modify the conditions of your probation such that you may have contact with one specific minor, your son. Other than that, Probation has essentially the same authority as a judge to limit your freedom.
Your best bet might be to have your lawyer - or hire a new one - speak with the Prosecutor and try to convince he or she to agree; then your lawyer can file a formal Motion to Modify with a decent chance of passing muster with the Judge.
A: The can modify the conditions of probation; however, they often rely on the probation officer's (PO) recommendation. As a result, the PO had de facto control over what will or won't be modified.
You need to secure a criminal defense attorney to reach out to the PO and prosecutor to attempt to resolve the issue by agreement, if possible. If not, the attorney can file a motion to modify the condition of probation. Also, if you had an attorney at the time you were placed on probation, you may want to contact that attorney first as he may have some insight from representing you previously.
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