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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27459
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband called my probation officer and told m I was out

Customer Question

My husband called my probation officer and told him I was out drinking at a bar. Part of my probation is no alcohol. Noone saw me doing this it is hearsay from him. I am on three yrs probation and only have two mnths lefft. My probation officer called me yesterday and wants to see me Monday morning. I am so afraid. Can you help me? I am afraid he's going to violate me.I have been sober for three yrs and had a relapse because of my husband.
JA: Probation issues can be stressful, but getting correct information is key to getting control of a situation. Fortunately, the attorneys have a lot of experience with this, and I'd love to connect you with the best fit. Have you talked to a lawyer yet?
Customer: Yes, I have. I'm trying to get up two thousand dollars for an attorney today's my last chance to do this. But I'm not sure if my uncle can do it. I dnt know what to do. Can he violate me on just hearsay? If he arrests me will there be bail?. I am not a criminal I'm just a mom who made a mistake.
JA: What advice did they give you?
Customer: The attorney I'm getting said he can keep me out of jail if I hire him. That I probably wld be violated because it was my husband that called.
JA: Anything else you think the lawyer should know?
Customer: But they dnt know the whole story. Like who's husband does that anyway to their wife !! I'm so afrsid. I've been awake for week can't eat can't sleep.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 1 year ago.

Alcohol is legal for an adult to drink, but it is forbidden to those on probation. In my experiece, however, while one lapse like this will not please your probation officer, even if he lodges a violation against you, it is highly unlikely that he will revoke your probation and demand that the judge resentence you to jail or prison on the basis of one technical violation. You did not, at least, drive or get rearrested, and that's something in your favor.

Probation has a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements,more random alcohol testing ) on the one extreme to house arrest or revoking probation outright on the other.

What they will do in your case will depend on many factors, such as your background and history and the facts and circumstances of the underlying case, how well you've been getting along with your probation officer, whether you've been in good over all compliance with the terms of your probation before the violation or whether you've given them trouble before (and how much of it). These aren't all of the measuring sticks that will help probation to decide how to handle you, but you get the picture. It will all come down to whether probation thinks that working with you will ultimately turn you into a successful probationer and a productive citizen or whether they think you never will get the message and will want to wash their hands of you.

So there a lot of variables which presently I can only guess at. But if you're violated, you'll be entitled to a hearing. You should notify your lawyer so that if probation and the DA are asking for for a revocation of probation and a resentencing, someone can make a good argument for house arrest or treatment. But I don't really think it will come to all of that.

Expert:  Zoey_ JD replied 1 year 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.