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Is Your Probation Officer Exceeding His or Her Authority?

By Ron Chapman

        When a person is placed on probation in Florida, the sentencing judge orders the person being placed on probation (the probationer) to complete certain conditions; he also orders the probation office to monitor the probationer's progress.  As long as the probation officer is simply supervising a specific, judge-ordered condition of probation, all is well.  However, problems arise whenever a judge delegates authority to a probation officer to impose what amounts to additional conditions of probation.        That is precisely what occurred in the case of Carter v. State of Florida.  In that particular case, the judge ordered the following:  "As directed by your Officer, you will enroll in, regularly attend, and successfully complete, such programs as are reasonably related to your past and future criminality, or the rehabilitative purposes of probation; including but not limited to alcohol and drug treatment and counseling, mental health counseling, vocation and education courses, rehabilitation programs, evaluation and therapy...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on July 28, 2008 (boomark / email).