Some programs require that a person be on zero meds but those are programs - not just probation - and seems this is your issue with the counselor. Talk to your p.o. about going into a different counseling program so that you are being cooperative. Otherwise, you may need to hire a lawyer and get a detailed letter from your doctor so the lawyer can talk to the judge about the issue. The problem may be, especially in this day & age and with your addiction, that the p.o. thinks that you are not in need but taking because you are abusing and found a dr. who will support that abuse.

Answer Applies to: Texas
Replied: 1/11/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Your probation/ parole can be revoked for violating any of conditions.

Answer Applies to: Texas
Replied: 1/9/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Read the terms and conditions of your probation. These are the written documents you were given telling you what you cannot do and what you must do. If the terms and conditions say you have to see a drug counselor, then yes, you must see a drug counselor. If not. Okay, now for the hard part, if your T&C do not make you see a drug counselor, check to see if there is a generic comply with instructions of your PO condition. If so, be prepared to fight, or just schedule an appointment, tell the counselor up front you are on Prescription meds and do not stop taking them. The State cannot order you to neglect your own health. If the Counselor refuses to see you, it is the counselor's decision, you tried to comply. See how this works? Last but not least - Do not sign any extension, modification or change presented by your PO. He/She may threaten to have you arrested if you do not, let them threaten. You are better taking your case to a Judge than arguing with a PO. If you sign what your PO gives you, you contractually agree to the changes and the Judge can sentence you to jail for violating those terms, even the new ones even if they were never ordered by the Judge. By the way, important here is that only a Judge can send you to jail, not the PO. The PO only files the request with the court and asks the Judge to do it. That said, the answer to your last question is a resounding yes. If you fail to comply with the written terms and conditions of you probation, your PO can file a motion to revoke and you will have to talk to a Judge. So, comply as best you can, show effort do not rely on your PO to do anything. Finally, it is important to realize that if she wants to revoke you, she will no matter what you do or do not do. Your PO can be your friend or your enemy. You choose. You do not have to kiss up to be a friend, just show courtesy and effort. Try, that is all you have to do, TRY. At the very least, if you do get a MTR, when you go to the Judge, you can say, "I was trying".

Answer Applies to: Texas
Replied: 1/6/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Your PO can not send you to jail. Only the Judge can. But your PO can tell the Judge that you are not in compliance with the terms of probation and then the Judge will throw you in jail. Best policy is to make friends with your PO and jump through their hoops. They can make your life hell.

Answer Applies to: Texas
Replied: 1/5/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.