My question involves criminal law for the state of: New York
In October of 2013 my gf was sentenced to 3yrs probation for a DWAI with what the courts said was "an illegal combination of drugs" (All drugs in her body were prescribed to her legally). So obviously this upcoming October she will finish her term. She wasn't tried in Mental Health court and the terms of her probation were the normal terms plus she had to stay in treatment for her mental illness (psychiatrist and therapist); so no big deal. Cut to January and she moved and her case was transferred to the county where she moved to (She was charged in this county, then moved to another county, and then moved back) and for whatever reason she was transferred into this mental health unit. So when she was transferred she was in the process of finding new doctors due to insurance changing for the New Year. So her PO was aware of this and said she would find her a therapist and psychiatrist. Cut to the PO never came through so my GF was able to find her own care through a local hospital system. PO is aware of her doctors and has either spoken to them or has received paperwork from them showing my gf is going. Today my gf gets a letter in the mail saying that the PO dept. is referring to some random place for psychiatric and therapy treatment. We aren't sure if this is just the PO dept. being extremely slow in getting her recommendations or what.
My question is, can her PO legally force her to change doctors when she's complying with all the terms of her probation? She has never violated any terms of her probation, she has her pills counted, and has documentation for EVERY medical thing she has done and has provided the information to her PO at every visit.
In October of 2013 my gf was sentenced to 3yrs probation for a DWAI with what the courts said was "an illegal combination of drugs" (All drugs in her body were prescribed to her legally). So obviously this upcoming October she will finish her term. She wasn't tried in Mental Health court and the terms of her probation were the normal terms plus she had to stay in treatment for her mental illness (psychiatrist and therapist); so no big deal. Cut to January and she moved and her case was transferred to the county where she moved to (She was charged in this county, then moved to another county, and then moved back) and for whatever reason she was transferred into this mental health unit. So when she was transferred she was in the process of finding new doctors due to insurance changing for the New Year. So her PO was aware of this and said she would find her a therapist and psychiatrist. Cut to the PO never came through so my GF was able to find her own care through a local hospital system. PO is aware of her doctors and has either spoken to them or has received paperwork from them showing my gf is going. Today my gf gets a letter in the mail saying that the PO dept. is referring to some random place for psychiatric and therapy treatment. We aren't sure if this is just the PO dept. being extremely slow in getting her recommendations or what.
My question is, can her PO legally force her to change doctors when she's complying with all the terms of her probation? She has never violated any terms of her probation, she has her pills counted, and has documentation for EVERY medical thing she has done and has provided the information to her PO at every visit.
Probation and Parole: Can Your Po Force You to Change Your Doctors
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