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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30167
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Can you be violated being under the influence of drugs and

Customer Question

Can you be violated for allegedly being under the influence of drugs and alcohol
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

When a person is suspected of violating the terms of their probation or parole, they have a right to a hearing. The standard of proof at that hearing is lower than in a criminal case - it's not beyond a reasonable doubt. It's by a preponderance of the evidence. If the terms of the probation or parole prohibit a person from drinking, they can be violated if someone reports that the person WAS drinking and if it's established to be true at a hearing. Generally, they'd need a witness who saw the drinking or a blood test that shows alcohol or drugs in the person's bloodstream.

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