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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28383
Experience:  10+ years defending Misdemeanor and Felony cases.
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My son, now 20 yrs old, was on probation for

Customer Question

My son, now 20 yrs old, was on probation for ''under age minor in possession of alcohol." He was recently arrested for being in contact with others who possessed liquor, though he was not charged with anything, he did spend the night in jail for breaking his probation. Now he has to face the judge again, for breaking his parole. Is there anything he can do to get out of possible a long-term jail sentence
Submitted: 9 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 years ago.
In order for the Judge to revoke your son's probation and sentence him to jail, the Prosecutor will need to prove there was a willful and substantial violation of his probation. If he was not charged with anything, then the arrest alone would not be a basis for the violation. However, if a term and condition of his probation was that he was not allowed to be around people consuming alcohol, the Prosecutor is going to have to bring in a witness(s), who would testify to this violation. If nobody saw your son around these people, the State may not have a case to violate your son. The Judge may allow your son to go into a residential treatment facility to get help, if alcohol is playing a role in his life. Have your attorney speak with the Prosecutor and Probation, to see if they can work some type of plea deal out, if he is willing to admit to the violation.