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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118682
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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If someone who lives in santa county California is only

Customer Question

If someone who lives in santa barbara county California is only detained by the sheriffs department pending the outcome of their urine drug test results which come out to being negative and they are released and let go can probation still legally violate their probation for beings that they had police contact and were detained?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, the reason probation cannot violate their parole is because on a stop such as this, it is out of the probationer's control. Had the probationer been doing something illegal that led to police contact, then they would have a reason to try to revoke the probation. However, because no charges were brought and the person was released, no probation violation would occur and a court would not uphold a violation for this reason.
Customer: replied 2 years ago.
Ok so for sure probation can not violate them? I was stopped for what the sheriff said was something suspicious while riding a bike he then had suspicion that i was under the influence of meth because of the results in my field test that he did in which i told him i always have a fast heart rate as well as my eyes are normally always dialated and i never pass the test so he them took me to the police department and had me test i was negative dor everything and he let me go. I am not sure if he contacted probation to let them know he had me detained or not. So if he did call them and tell them about me being detained and they were to call and to get a report or even find out if a report was made they will be told what? No report was filed andno charges were made correct? I am a nervous wreck i have to report to probation today for a appointment and scared that if the officer did call and tell them i was detained that they will try to violate me. I'm on that prcs ( Post Release Community Supervision) Also known as AB109 I'm also on a GPS tracking monitor. I dont want to get violated for something i have no control over and something i did t even do
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
No, they cannot violate for this reason. They can ask you about it, but since you did not do anything illegal or that violated your probation other than riding a bike, the court would not violate you even if you had a jerk for a probation officer who tried to do so.
There is no charge, no report, you have not done anything to violate the probation, so there is nothing to worry about.
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Research on Case Law, Codes, etc. + Legal Discussion by Email. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 2 years ago.
What more information did you want?
Customer: replied 2 years ago.
Ok I'm trusting you if i get violated I'm taking your information with me and also leaving it to my family. If i do get arrested and violated for this i or my family will be contacting you to represent me and to get me released from custody immediately. I have done had to many violations and taken into custody so much that things like this have me a nervous wreck all the time and have me stressed out so bad that i cant eat or think straight. I have mental health issues and dont take things like this well at all. Ive been shaking and everything.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Please read the terms of this site, we are forbidden from representing you or anyone else on this site for any matter. So please do not threaten me as legally we would be forbidden from representing you. I can only provide you information based on what you told me and based on what you told me there is no legal basis for revoking probation.
However, honestly, you need to relax, you did nothing wrong if everything you stated above is true.