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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16522
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am currently on probation and about a year and a half ago

Customer Question

I am currently on probation and about a year and a half ago i got a public intoxication in another county. The city i got it in says they dont report pi or tickets like that to the county and is just in the cities database ,the police said the only way anybody can found out about that is if they call that specific city. I was just making sure that is true. they did get my finger prints but again they said it only goes in there database. It was in a real small city. It has been a year and a half and they had said nothing about it so i just wanted to know if that was true
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.
Hello,

My name is XXXXX XXXXX I am an experienced criminal lawyer.

The best way to find out if this is true or not would be to order your state RAP sheet. Everyone is entilted to his or her criminal record and you will be able to see exactly what your probation officer would see if they ran your sheet. If the police were telling you the truth, it would not appear in the state's data base because it was never turned in beyond the township level.

You would need this done with your fingerprints so that it will be accurate. Usually, the state police handle it. If you tell me what state you're in I could tell you how you could get it done.

Use the reply tab below to respond if you need me to find that for you.

Use the reply tab below.
Customer: replied 10 months ago.


Texas. And is that common for little towns in Texas to not send it to a state level being such a minor offense? And if i do go to a place to do my finger prints i would think my probation officer could find out. I called the city were i was arrested and talked to the clerks office they said they would have to call or mail a submit form. And i looked up the county inmate and nothing came up i was just seeing was databased do probation officers look in if you know that would help allot

Expert:  Zoey_ JD replied 10 months ago.
Hi,

Probation would look at the state data base, which is why I sent you to the state data base. Commercial services cannot be relied upon. Here's some Texas information for you.

While I understand your reservation, Lots of people check their criminal records for job purposes. If you're worried about the state police, get a check through the FBI. See this link as to how to do that. They're not likely to care about a public intox if it turns up.

The only other way would be to retain a lawyer who could get your state raps run through the clerk of the court. You might also be able to get the information from the public defender's office in the county where your PI occurred. In most places they are linked to the county data base and may run it for you as a favor.

Good luck.
Customer: replied 10 months ago.


One last question and i will leave you alone Smile. I already asked you this but is it common for a small city to not send it to state or county level? And doesnt probation officers get a flag if it does get sent to state or county level? It has been a year and a half and i figure if they were going to find out the would have already but i just like to hear from a proffesional that handles this type of stuff on a regular basis

Expert:  Zoey_ JD replied 10 months ago.
In my experience, if you haven't heard anything about this by now, you likely won't. I can't tell you about small towns. I'm a New York City gal. But I do know that probation routinely will make random checks to look for something like this. I can't promise you you're in the clear, but it loooks good to me.
Customer: replied 10 months ago.

Great thank you allot you have helped me allot. So in your proffesional opinondo you think i have anything to worry about. And i had 5years on adjudicated probation which i have served a little more than half which my probation officer says i can get off half way i have just been scared to do so because of this pi. Would it be a good idea to try to get off early? What do they do look for when i am eligable to get off? I know i said that was the last question but your so are very insightful Laughing

Expert:  Zoey_ JD replied 10 months ago.
Hi,

To succeed at getting off of probation early, you need to be at least halfway through your term of probation, be in good compliance with probation, have all of your fines and fees paid and all of your special requirements completed successfully. It helps a lot to have the backing of your PO. If he or she says you're ready or she says that she won't oppose you, you'll be good to go. If he says, "Wait until next month," he's telling you he'll oppose your petition. While the judge can overrule probation, he usually wouldn't in something like this.

They almost certainly will check your RAPs before releasing you, so again I'd recommend getting it run somewhere before you broach the subject. I know you don't want to but if you're going to apply for early release, you'd better know for sure it won't bite you in the tail with half your sentence still left.
Customer: replied 10 months ago.

But in your proffesional opinion do you think that i am fine will all


circumstantces that i have gave you? now this is the last question

Expert:  Zoey_ JD replied 10 months ago.
Hi,

I think that you are more likely than not fine. I know you want a guarantee, but I can't possibly give you one.

What I can tell yuou is that public Intox is a class C misdmeanor, and it would not surprise me if some very tiny towns didn't bother to take those matters any further. The town had to have known you were on probation and could have jammed you up on that from the beginning if they'd a mind to.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16522
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 7 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

not fine... or fine?

Expert:  Zoey_ JD replied 10 months ago.
You are fine. (More likely fine than not fine)

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