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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23176
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was on probation, and was picked up drinking once again

Customer Question

I was on probation, and was picked up for underage drinking once again last week. I am scheduled to attend Western Michigan University this fall. If I am placed on probation will I still be able to go away to school? I live in Indiana, and will have a car/will be able to come back for meetings if necessary. I don't have court until September 26th, but school starts the 6th of September. I guess my question is whether they're going to let me go to school, or deny me leaving the state to get an education?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.


Are you saying that you violated the terms of your probation because you were picked up for a second underage drinking charge? Was your probation supervised or unsupervised? How long were you on probation for? Did you let your probation officer know of the new arrest?

How old are you?

Customer: replied 3 months ago.
he knows and my case is being transferred from juvenile probation to adult, as I have recently turned 18. I had about 2 months left of juvenile probation. He's the one who notified me that the probation would be turned over to adult.
Customer: replied 3 months ago.
I saw him once a month.
Customer: replied 3 months ago.
Expert:  Zoey_ JD replied 3 months ago.

Thank you.

It would be in your best interest to do two things. The first would be to make sure you have representation, because you want someone to make a strong argument that you should be able to leave the state as scheduled and get an education. It will be up to probation and the court whether this would be allowed. And this new offense also comes with a possible suspension of your driver's license for up to one year upon conviction.

The second would be to get into some kind of alcohol program, so that your lawyer can point to the fact that you're trying to avoid further drinking related problems.

Typically, a court would not be looking to ruin the life of a young person with a criminal conviction for something like this, but it's your second offense and you were already on probation. Don't go in there without a lawyer.

If you get a lawyer involved in this now, he could likely seek a resolution from the prosecutor so that you could hopefully leave for school on the 6th.

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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