I was placed on probation one year ago. Usually, while on probation, you must call a "drug line" to see if you need to come in the next day for a drug test. At the time of sentencing I had told the judge I will forget to call the drug line, and if I must do that I would like to switch counties which doesn't make you call a drug line. He understood because of a wreck I had in 2007. I have short term memory loss which enables me to remember things like this. The judge said "No drug test". I did not have to call the drug line and was not tested. The judge failed to write down that he ordered that. Eight months into my probation, my probation officer ordered me to start calling the drug line. I had told her that the judge said I didn't have to call. She replied by saying, "It's not wrote down". Since then, I have failed to call several times and now have probation violations(for that). My question, since he forgot to write it down, does it still apply? And if it doesn't, can I still use this as a defense? Also, can I request a copy of the court session and use his recorded order as a defense?

I forgot to mention something very important. The judge in the court room was deseated(can't rule anymore). So he has, I guess you would say, subs. I have had three judges on this case so far. The original judge for review of the case, the sentencing judge, and now this one! The sentencing judge is the one who said all this. He is not my judge currently. You can find out why the judge had been deseated if you were curious! http://www.indy.com/posts/indiana-supreme-court-su...