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How to Get Rid of a No Alcohol Probation Condition

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  • 11-16-2016, 12:27 PM
    Isaac006
    How to Get Rid of a No Alcohol Probation Condition
    My question involves criminal law for the state of: Federal court, District of Alaska

    I was convicted of possession with intent and possessing a firearm in furtherance of it. The standard condition is not to consume alcohol to excess, but if the court finds that it helps protect the community, or aids in your rehabilitation they can impose a condition of no alcohol. I filed a motion after sentencing about it, and the judge said it would be more convincing with a favorable substance abuse evaluation, and has since been promoted to the chief judge of the district court.

    the drug possession is viewed as drug abuse, however the main drug in question was marijuana, there were approximately 30 MDPV pills as well, and marijuana has since been legalized in Alaska and decriminalized in the state I reside in(Alaska still has jurisdiction). I've never had any alcohol related legal issues, never even blown anything but zeros. I had a prior case for the same thing, but with cocaine as the drug, and admitted to cocaine use, however that case was dismissed on appeal. I didn't have any meaningful, or any drug related incidents during my incarceration. I've passed about 30 drug tests and countless breathalyzers since sentencing. I have steady, full time employment.

    Do I have a solid argument to make? I think it's enough of a grey area that whatever the district court says would hold up as being within their discretion, but what are your opinions?
  • 11-16-2016, 12:36 PM
    free9man
    Re: Trying to Get Rid of No Alcohol Condition
    Why do you need to drink alcohol? Is it for purposes related to deeply held religious beliefs or do you just want to have a couple while watching the game?

    It really is at the discretion of the court. They don't have to allow you to drink alcohol.
  • 11-16-2016, 07:50 PM
    Highwayman
    Re: How to Get Rid of a No Alcohol Probation Condition
    Quote:

    Quoting Isaac006
    View Post
    I filed a motion after sentencing about it...


    You did or was it your attorney?
  • 11-16-2016, 08:34 PM
    Isaac006
    Re: How to Get Rid of a No Alcohol Probation Condition
    my attorney did

    The reason I'm trying to drink is just because I've never had any issues with it before, so I see no problem as long as i'm not out getting sloppy drunk and causing problems, or letting it impact my job. My sentencing judge seemed open to it at some point, just not at the time of the original motion
  • 11-16-2016, 08:54 PM
    adjusterjack
    Re: How to Get Rid of a No Alcohol Probation Condition
    Quote:

    Quoting Isaac006
    View Post

    The reason I'm trying to drink is just because I've never had any issues with it before, so I see no problem as long as i'm not out getting sloppy drunk and causing problems, or letting it impact my job. My sentencing judge seemed open to it at some point, just not at the time of the original motion

    Denial is not just a river in Egypt.

    You're an addict. Admit it.

    You can't have drugs or booze, ever.

    The only reason you want booze is because of your dependency.

    Booze will make you stupid and when you lose your judgment even after 1 drink you will do something stupid that will violate your probation and you'll end up in jail.

    Every day I read about drunks and druggies screwing up their lives.

    Haven't you screwed yours up enough?

    Time you wised up and joined AA.
  • 11-17-2016, 06:17 AM
    Isaac006
    Re: How to Get Rid of a No Alcohol Probation Condition
    lol, 2 posts and you know me? I've done way more stupid things stone cold sober than intoxicated, if you only knew. lol
  • 11-17-2016, 06:48 AM
    free9man
    Re: How to Get Rid of a No Alcohol Probation Condition
    Quote:

    Quoting Isaac006
    View Post
    lol, 2 posts and you know me? I've done way more stupid things stone cold sober than intoxicated, if you only knew. lol

    While he may have been a bit harsh, AJ is kind of on the right road. If you have drug use issues in your past, that can be indicative of an addictive personality. Given that addictive personalities can change from one addiction to another if denied their normal choice, the court may be concerned that you could go down a destructive path. Even if you don't have an addictive personality, the court may still err on the side of caution. Or this court might just impose the no alcohol as a general rule for everyone. At the end of the day, it is at the court's discretion. You are free to ask to remove the restriction and they are free to say no.
  • 11-17-2016, 11:04 AM
    Isaac006
    Re: How to Get Rid of a No Alcohol Probation Condition
    that's basically what I was thinking

    BTW, adjusterjack, I know you had good intentions, I want to reiterate i'm not angry, and appreciate what you were trying to do, but if you knew me a little better you would know your post was comically off base. There is no simple answer for what makes people commit crimes, because everyone has their own thought process that leads to it. Substance abuse is the cause for many people, but financial hardship and general immaturity are also big ones.
  • 11-17-2016, 02:08 PM
    DaveM
    Re: How to Get Rid of a No Alcohol Probation Condition
    The judge advised you to get a substance abuse evaluation. Have you done this? Did you pass?
  • 11-18-2016, 09:29 AM
    Isaac006
    Re: How to Get Rid of a No Alcohol Probation Condition
    I'm not even sure how to go about it, I guess I could ask my PO about it, I was kind of wondering if staying out of trouble for 4 years under close supervision would be the same, I cant afford to pay for it myself for a couple months
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