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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24962
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am on felony probation in NYS ...my daughter was at my

Customer Question

I am on felony probation in NYS for dwi...my daughter was at my house this past weekend and found an almost empty glass of wine from the night before and took a picture and sent to to my ex-husband ..she also stated it was wine and smelled like wine..who there in turn called the police..no one has contacted me yet but the police did come to both my moms house and my ex-husbands....I have probation this week...what will happen?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Did probation come to your house as well and find evidence of alcohol?

Probation has the authority to come to your house and do a random search for contraband. They can do so without a warrant. They can also test you when you come to court for alcohol in your system.

Probationers are not allowed to drink and they are not allowed to keep alcohol in the house. This would be a technical violation, and, unless you've been in trouble before or are having difficulty with your PO, it's unlikely that they would want to revoke your probation or incarcerate you for something like this. I don't know that probation will do much more than intensifying your reporting schedule and testing you more frequently for signs that you are drinking, if the police informed probation about the wine.