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Can a parole officer legally violate you 3 months after a…

Customer Question
Can a parole officer...

Can a parole officer legally violate you 3 months after a problem? with a blo n go with out eny proof that you were drinking.i do know that there is a list of things that can make it foul up..

Lawyer's Assistant: Since parole regulations vary, can you tell me what state this is in?

Washington state

Lawyer's Assistant: Have you talked to a lawyer yet?

No... and I just used my credit card about 2 hours ago and asked you a question

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I hope you don't charge me again

Submitted: 5 months ago.Category: Criminal Law
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Answered in 2 minutes by:
11/14/2017
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 5 months ago
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 5 months ago

Unfortunately yes, your PO has until the end of your term of probation/parole to enter a violation for anything that occurred during your term of probation/parole.

Once your PO does enter a violation, a violation hearing will be scheduled, and this is where the prosecutor and PO will have the burden to prove, by weight of the evidence, that a violation did in fact occur, and the judge will make a ruling and issue a penalty or sentence accordingly.

At the violation hearing you will also have an opportunity to present your own evidence, argue your defense, contradict the PO's assertions, etc.

It is advisable to hire an attorney to represent you at the violation hearing to make sure your case is adequately presented and defended.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 5 months ago
Even if they don't have eny proof and never took a UA?
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 5 months ago

No, they would need some sort of evidence for filing a violation.

If it turned out it was inaccurate or insufficient evidence, then that would come up during the violation hearing and it would most likely be determined at that point that a violation did not occur.

What exactly was the basis for your alleged violation?

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Customer reply replied 5 months ago
I'm asking for my son not myself.. It was in August of this year it detected like it was alcohol or something when he blew into it but he was not drinking and he wasn't youA for it at the time.. I do know there are a list of things that can make that happen that you don't even have to be drinking and something can set that off
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 5 months ago

That's correct.

The PO could decide to violate him for this, and that would be within her discretion and authority to do so; however at the violation hearing your son would have the opportunity to present his side of the situation, let the court know his legal defense, or what could have possibly triggered the false positive -- cold medicine, cologne, etc.

Even though his PO issues a violation, it is not officially considered a violation -- with a penalty -- until the judge decides on it after hearing both sides, and all the evidence, at the violation hearing.

That's also why having an attorney's representation at the hearing is very important.

I hope that helps clarify things. Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 5 months ago
thank you ma'am for your advice I appreciate it have a good evening
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 5 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 5 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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