Eden Prairie, MN asked in Criminal Law, Civil Rights and Domestic Violence for Minnesota

Q: Can a Probation officer change the terms of a court order? And is there a way to prove said terms are unjust/unreasonab?

The charge is Disorderly Conduct, dropped from a DV that he shouldn’t have been charged with in the first place. No prior offenses. No criminal record. Stable job for 15 years. Happily married with 2 kids.

1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A Probation Officer does not have authority to change the written terms of judge's explicit, written conditions of probation. But from a practical perspective, judges rely heavily on probation officers and give them a lot of discretion. A defendant have trouble with a probation officer is better of trying to reach a better understanding of what is expected. Probation officers have a lot of discretion in interpreting probation conditions set by the judge. In extreme cases, the defendant can ask their criminal defense lawyer to ask the judge to clarify the conditions of probation.

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