https://www.avvo.com/legal-answers/authorized/do-i-have-a-valid-lawsuit-against-probation-office-5310595.html?answered=true
Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns
Do
I have a valid lawsuit against probation officer violating disclosure?
I
am/was on probation from 2019 till currently. At some point my mother had
contacted the probation office to speak to my probation officer about me coming
to visit her in Michigan (my probation is in Wisconsin) My probation officer
told me that she was communicating with my mother and even made some sort of
arrangement for me to visit her. Written or oral consent was never given to the
agent to disclose this information. Anyway a few weeks later my probation
officer incorrectly assumed I missed a probation meeting, so she ended up
informing my mom, incorrectly, that I had missed a report date. My mother was
sent into an anxiety attack and contacted my siblings voicing her undue
concern. After this I stopped going and communicating with my probation
officer. My privacy, as well as my family's peace were disturbed by this. I was
later arrested on a probation violation and when I reported to the agent the
reason I was not in communication with my officer was because of the mistrust
of my PO, the next day I was released with no instructions to report and since
have not been contacted by the DOJ. Do I have case?
Answer
by:
Avvo
Rating: 10, Criminal Defense Attorney in Kenosha
& Janesville, WI
You
have one good answer already from Atty. Fenton, but I would just add that your
PO is not the same as your doctor or lawyer, in terms of confidentiality rules.
Instead, a PO is more like a policeman, who is obligated to have you arrested
and prosecuted if you violation the rules, and in the process, "tell
all" in terms of your behavior, as well as that of the folks with whom you
associate. More importantly, however, is there now an active absconder warrant
out for you? I would check, and then deal with that before worrying about PO
misconduct claims. Although you can pursue those as well, you will need to do
so from jail or prison if you don't keep your PO happy. It is extremely hard to
win revocation cases based upon "absconding," which these days can be
nothing more than a missed zoom meeting or phone call with your PO. The sooner
you resolve it, however, the more likely it is to be more or less forgiven.
Quite the opposite is true if you just ignore it until you randomly get picked
up--you, after which you could end up sitting in jail for months before the PO
even takes any action.
