I’ve dealt with probation officers here in Georgia claiming they can just make up new terms and conditions on the fly and threats to revoke if I didn’t abide by them. My response has always been “Put it in writing and I’ll see you in court.” It worked every time – each PO dropped it. Once or twice they threatened to revoke on the spot. But when I offered my hands for the cuffs, they (amusingly) backed off with some lame excuse of having too many other things to do that day or a repeated threat to revoke later for non-compliance with the new, unwritten condition (neither of which ever happened).

Every appellate court in the US has held at one point or another that while the courts (not the POs – the courts) have the authority to add new terms, there must be a rational basis and proper written notice must be given. Also noteworthy is that no appellate court has ever bought into the idea that POs don’t have time to provide written notice of new terms. All appellate courts that have addressed that have summarily said “If a new term is important enough to impose and important enough to revoke if violated, then it’s important enough to put on paper and serve proper notice.”

Personally, I would add that if POs are overworked, the blame is solely on the courts that sentence inordinately long probation terms and, especially for those involving sex crime convictions, refuse to allow early termination under any circumstance.

TS. That was my point. You got It. If it can happen in another state it can happen here. AND here even an “opps, my bad” arrest negates your registry removal.

I always appreciate your feedback. I am well aware of the state. My point is that a rogue sheriff just arresting people is not just a “Opps, I am sorry” That was point

I hear you @Cherokee Jack, but they cannot unilaterally add conditions post-contract signed between them and the person they are in charge of, only the judge can. Standing up for oneself while documenting it (usually with an audio or video recorder under 1A) is not illegal. It may make it hard on you but once it is proven in a court the action being taken by the other party and why it needs to be reviewed by the judge, then a contractual understanding will be had, especially with evidence one can prove was outside the contract signed.

I see your example and understand. If someone breaking an injunction creates an issue for someone else that shouldn’t have taken place in the first place, then the exception to the rule should be held that the incident did not happen because it was illegal in the first place by LE who shouldn’t have been doing it.

This story is about Missouri. It has nothing to do with Florida. Does Missouri have the same law as Florida? If not, your biggest issue makes no sense.

So, the Sheriff doesn’t follow the law right. Someone gets “arrested” under false pretenses and guess what. “Sorry, you are not eligible to come off the registry because I see here you were arrested.” “Yes, your honor but ………….”

TS

From being on probation myself in the past, if you stand up for yourself against a probation officer, there is HELL to pay. When I went to get off probation, my lawyer asked the P.O to cooperate. Well in court she cooperated alright, but not for me, but against me. My lawyer asked why she did that and she said she had changed her mind and I needed to stay on probation.

A few years later, we tried again with a different judge, and the same probation officer once again said she was not ok with me getting off probation. The judge asked her one question “How many probation violations I had”, she said “None” and the judge immediately released me from probation and P.O was none too happy, but I about peed myself with joy. And even more special, I hugged my mom in court, and we both started crying, which made my attorney cry as well.
If that judge hadn’t retired, I would be off the registry already (My attorney told me that) but most of those judges have since retired as my case was from 1991.

To my knowledge, it’s ok for probation officers to issue an instruction to parolees to post a sign.

At the same time, if the sign is causing a specific problem, it’s legit to discuss with them.