C,
I’d buy you a beer if I could and you drank. You are ABSOLUTELY on point with your comments. Probation rules are fairly even, only changing dependent on your charge date. They’re all laid out pretty clearly when you start probation and if the officer doesn’t, you can always read your paperwork for yourself. When I started probation about 8 years ago I moaned & groaned about all the “control” they had over my life. Took me about 18 months but finally came to my senses and realized that if I set up my life around the conditions life became so much simpler. Has it left me with a whole list of stuff I couldn’t do and missed out on?… yup. I simply decided that being able to do them eventually was a hell of a lot better than missing out on everything because I was back in prison.

The point is you always have a 5th Amendment right to not admit to a NEW crime or a probation violation. But probation doesn’t necessarily need an admission to revoke you, and I guess if you’re out committing felonies while on probation (like the guy in the example) and get caught by your PO it’s better to take the violation and shut your mouth instead of admitting to a new crime… Because after all, a new crime is also a violation of your probation anyway so at least make them prove it. Or you know, stop making the rest of us look bad with your recidivism.

You always have a 5th amendment right not to self incriminate, and you always have the choice not to commit new crimes or violate the terms of your probation. Whatever you do, make the “right” choice shrug

I recommend reading the 10th Circuit’s 2016 decision in U.S. v Von Behren. This involved a refusal to answer certain questions during a sexual history polygraph that was a condition of his release. The Court agreed that answering the specific questions could implicate Von Beheren in a previously uncharged crime. It went further by holding that answering the questions could provide the government with “propensity evidence” which is allowed by federal rules in child molestation cases.

The upshot is that in the 10th Circuit a probationer can not refuse to take a polygraph, but can assert 5th Amendment rights for specific questions. The caveat is that this must be used judiciously and, to be very safe, explicitly. Be careful when invoking the right because they hate it when you do.

I once had a long “discussion” with my federal PO about this, and he decided there would be no sexual history polygraph. Call me a cynic, but that led me to think that perhaps these are used as fishing expeditions.

Veritas.

My attorney during my VOP hearing just ‘melted’ and did NOT have the balls to stand up for me (just took my $12K, in addition to the $95K they had already taken)….So you see, at the end of the day, the Probation officer can manipulate and say anything they want and get away with it along with most douche bag attorneys!…The real focal point should be the relationships of the PO’s with the Judges and Prosecutors

The only persons that I know/knew that always got preferential treatment during their probation where those persons required to register who served in the military…for some reason, these people always received respect, while the rest of us got railroaded….This is a FACT! I fully respect those that served OUR COUNTRY!

Excellent point, Bill. Also keep in mind that the probation terms given at sentencing often vary significantly from those imposed on release.

“Your probation is a contract you agreed to with the state.” Only if you pled guilty to get a reduced sentence, C. A lot of people are on probation after incarceration and are forced to abide and obey. Please keep that in mind.

Your probation is a contract you agreed to with the state. Part of that contract says you’ll abide by the terms and cooperate, and part says you won’t commit new crimes. In return you get to live at home and buy food at Walmart instead if the prison commissary.

If you’re committing a new crime then you don’t have to admit it to your PO (hooray constitution!) but you may be violating your contract some other way and get revoked.

The difference is if you admit to a new crime you go to prison for a new charge AND get revoked, so you double up on your sentence. Or you keep your mouth shut And get revoked and finish out the sentence you already agreed to.