Saturday, July 31, 2021

Probationer's Wife's Home Searched without consent after Husband flead from a Traffic Arrest arrest

 

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html

Can the police get a warrant or have just cause to search my house after arresting my husband when we were in a traffic stop?    My husband fled a traffic stop when I was in the car with him. The police claimed because he was on felony probation they could search my house and we found out it was for probation violation that he had a body attachment but once he was in custody why did my home need to be searched and why did i have to be in the back of the cop car in a different location as they searched my house while using my key from in my purse without permission

Authorities could probably lawfully search a probationer's residence (on behalf of the PO) without a warrant, but the same may not be true for your residence. Therefore, if you get charged with something as a result of a warrantless search, an experienced criminal lawyer might be able to get the evidence suppressed, which might also mean that the DA abandon's the underlying prosecution against you. I am guessing however, that they may have later gotten a warrant to come back later and search your house, however, so this issue may not come up. You also don't say whether or not you were charged, but either way, if you want real legal advice in a complex situation like this, you should retain a lawyer, who could also investigate whether or not your civil rights were violated in any fashion that might make a civil claim worthwhile.

Friday, July 2, 2021

Can Probation Officers Force Clients to Release Medical Records?

 

https://www.avvo.com/attorneys/53548-wi-jay-nixon-1529181/answers.html

Do I have to give release of my medical procedure to my probation office if they requested me to sign

I don't feel comfortable signing release of medical to my PO.

Medical records access could be important for monitoring treatment compliance, often ordered when there is a mental health or addiction issues arise. Although your lawyer could possibly set up a review before your sentencing judge for a clarification, read over your rules of probation carefully.

You should also pick your battles carefully with your PO, since he or she will be deciding your future, which could either be as a free person as an inmate if you are revoked.  Of course, yet another option is the reject probation and face the consequences revocation.  If those were already determined in an “imposed but stayed” sentence, you will know precisely where you are headed, but if no specific sentence is mentioned, you would go back in front of your judge, who might assume the worst as to your reasons for refusing to release your records, i.e., that you may have gone back to using drugs or alcohol.  Although you would probably lose, a sentencing after revocation would present you with the option to get back in front of the judge to argue whether or not you have a right to refuse to sign the medical records release.