Q: Can police have your probation revoked?
I have a friend in Kentucky who is on probation. This friend was pulled over for excessive tenting and speeding 7 mph over. My friend informed the officers that he is in probation and the officer told him that he was not on probation, they also aggressively asked him to become an informant for them. They told him that he would be going to jail and that they would arrest his girlfriend if he doesn’t agree to work for them, he chose not to. Now they have had his probation revoked and a warrant issued. Is this legal?
A:
While police officers can report probation violations to the probation officer or the court, they generally do not have the direct authority to revoke someone's probation. That decision is typically made by a judge during a probation revocation hearing. Here are a few key points to consider:
1. Probation violations: Speeding and excessive tinting could be considered probation violations if they go against the terms of your friend's probation. However, minor traffic offenses alone are not usually sufficient to revoke probation.
2. Police authority: Police officers should not threaten arrest or revocation of probation to coerce someone into becoming an informant. This could be considered a form of duress or intimidation.
3. Probation officer's role: If the police informed your friend's probation officer about the incident, the probation officer might have filed a violation report with the court, leading to the warrant and revocation.
4. Revocation hearing: Before probation is officially revoked, your friend should have the right to a hearing before a judge to present their case and argue against revocation.
5. Legal representation: Your friend should consult with a criminal defense attorney who can review the case, advise them on their rights, and represent them in court proceedings.
If your friend believes that their rights were violated or that the police acted improperly, they should document the incident in detail and discuss the matter with their attorney. The attorney can help assess the legality of the police actions and guide your friend through the legal process to protect their rights and challenge the probation revocation if appropriate.
Timothy Denison agrees with this answer
A: Not directly, but they can certainly influence the prosecutor who can seek to have your probation revoked for the new charges.
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