Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns

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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:

 Jay K. Nixon

 

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.