Question

Can my PO send me back to jail if I don't see a drug counselor?

I am on probation for possession of methadone. I have 5 months left. My PO wants me to see a drug counselor. The counselor does not see anyone on prescription drugs. I have been prescribed deluded for chronic pancreatitis. I have had this for 6 years already. Can she make me stop taking the prescribed meds? Do I have to pay $375 to see her? Can my PO send me back to court if I don’t follow the requirement?
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Answered By: Dennis Roberts, a P.C.
Get your lawyer to put it back on calendar - then explain to the judge why you cannot see this particular counselor. I can't imagine they won't send you to another counselor who will see people on Rx drugs.

Answer Applies to: California
Replied: 1/5/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Martina Vigil
If it is a term of your probation to follow the recommendations of your PO, then yes, you can go to jail for failure to obey. Check your minute order or guilty plea form.

Answer Applies to: California
Replied: 1/5/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
You are at the mercy of your PO. That's what happens when you are on supervised probation, you lose a lot of your rights.

Answer Applies to: California
Replied: 1/5/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Mark Bruce
This is the sort of thing which needs to be put in front of a judge. Ask your lawyer to schedule a motion for revision of probation and present medical evidence to the judge regarding your legal prescription.

Answer Applies to: California
Replied: 1/5/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Hammerschmidt Broughton Law
I'll bet your probation conditions ordered by the judge allows for prescription medication, used as prescribed by a physician (you better have a valid one). I suggest YOU (or your attorney) schedule a probation hearing to explain it all to the judge. He may tell you that you have to obey your probation officer, but find that the condition imposed by the PO is improper. He may even order any such ridiculous fees be waived!

Answer Applies to: California
Replied: 1/4/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Daniel K Martin
If the probation officer believes that you have violated probation they can allege a violation of probation and file that with the court. If probation does file a violation you should contact a criminal defense lawyer.

Answer Applies to: California
Replied: 1/4/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of George Woodworth & Associates
You should get an experienced criminal defense Attorney to examine your Court records, make some calls, and see if he can straighten this out. Generally, your P.O. can tell you what requirements you have to fulfill etc., and even direct you to appear in front of the Judge for noncompliance or probation violation hearing. However, your situation may be different since you have the legitimate prescription requirement. See a good lawyer who can examine the total case, and if necessary, present the facts to the Judge for a modification of your probation terms.

Answer Applies to: California
Replied: 1/4/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Peter F. Goldscheider
It depends on what the specific terms of your probation are. You should review them or have them analyzed by a Certified Criminal Law Specialist. If they are unclear, you run the risk of the PO violating you even if you are later exonerated by the Court. In anticipation you could bring a motion to have the terms of your probation modified/clarified so you do not run the risk of a probation violation in the meantime.

Answer Applies to: California
Replied: 1/4/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.
Why don't you be proactive and set a court date to ask the judge.

Answer Applies to: California
Replied: 1/4/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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