Saint Cloud, MN asked in Criminal Law for Minnesota

Q: I was in treatment permy probation officer I have hiv and didn't feel safe i left I called him befor I did.

I left him messages explains my significant other was sick fever at 101 keeps rising and falling do I have options or am I doomed back to lock up I have a home car and job

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: Sorry, I am really confused by your question. It appears that you left treatment to care for your significant other, but perhaps I misunderstand what you are saying. The biggest thing that you can do right now is remain sober, stay in touch with your probation agent, and comply with any testing requirements. It's unclear what happens from there, but you are obviously at a higher risk because you are immuno-compromised and so I'm not sure that you would be incarcerated right now under the circumstances. But remain in compliance with probation so that you don't give them a reason to lock you up.

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

A: The probation officer ("PO") supervises people on probation. The PO supervises the probationer's compliance with the judge's conditions of probation. If a probationer substantially violates the conditions, the judge may execute the stayed sentence, meaning prison in a felony case. But the PO decides whether to bring violations to the attention of the judge. If the PO decides to do so, the PO can do so in one of two ways. The PO can request an "Arrest and Detain Order," a type of arrest warrant. Or, the PO can request a Summons to court be sent the probationer. Then at the next hearing before a judge, the probationer's lawyer can help improve the outcome.

So, what might a person do - who left chemical dependency treatment "against medical advice," contrary to the conditions of probation? Two basic ideas. One: do everything possible to get back in compliance with conditions. For example, try to get back into the treatment program, or a similar one. Two: communicate with the PO about concrete steps (not excuses) about returning to compliance. Discussing with your lawyer, before, during and after all this can help a lot, too.

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