Can a judge tell you one thing but a probation officer tell you another?

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I have my medical marijuana card & I got pulled over and had my marijuana paraphenalia in my glove box, not my trunk where it should have been. I received a ticket, went to court, and the judge said I wasn't allowed to use my card anymore. I just went to probation for the first time and my agent said that as long as I have my med card, it's a legal prescription and he will accept that. I'm worried my judge said no but probation said yes. How should I proceed?

Attorney Answers

3
Scott Sumner ·
You should listen to the judge! If you have questions for the judge you can file a motion or request with the court to appear before the judge to ask for clarification. However, I would not use Marijuana after your judge told you not to use. Judge is the boss.
0 upvotes
Jared Austin ·
This is very tricky. The judge has told you not to do something but your PO says you can. The judge determines the terms and conditions of your probation but it is up to your PO to enforce them as they have the power to violate you. As a matter of fairness and practicality they should really be on the same page to avoid contradiction and confusion. I would suggest contacting the judge either by letter or by asking the clerk if you can address the judge on this matter just so the record is clear and there is no doubt as to what you can and cannot do and what you can and cannot be violated for. There needs to be a record to protect all parties because if you did get violated somehow for using medical marijuana you would have a good argument in your defense. Better yet, have your lawyer do the contacting just to set the record straight and make sure everyone is on the same page.
0 upvotes
Michael Cronkright ·
I am going to go with the judge on this one. O.K., I would always go with the judge because the P.O. can't send you to jail. However, I would be taking a very close look at the written order.
0 upvotes