Probation Violation for Being Drunk in Public
My question involves criminal law for the state of: virginia . My original charge is a grand larceny which I did 6 months in jail and have a remaining 9 years 6 months over my head! This is my first time on probation. I was recently charged with a drunk in public and the terms of probation is no alcohol. My probation officer in the county that is supervising told me I will probably be violated once found guilty of my charge. I'm a recovering heroine addict and I have finally gotten my life back on track and the last thing I want is to go back to jail especially for a significant amount of time and lose everything I have worked so hard to get back. What I'm wondering is whst kind of time would I be looking at?? Also will it help dramatically if the judge sees I'm doing well otherwise?? Is there anything I can do to help lessen my chances of jail? I've been told probation is used to reabilitate people and we're expected to make mistskes. Will the judge consider the fact it's my first mistake on probation. I've been on probation less than 7 months when I got the charge. Please help it's really stressing me out.
Re: Probation Violation for Being Drunk in Public
You're going to need an attorney. You can do a google search to find one who can give a free or low cost consultation, or you can call the Bar association. You may be eligible for a public defender.
With the alcohol, you basically traded one addiction for another. If you got drunk enough to catch the attention of law enforcement, then you don't really have it all together and you do really need to be in rehab or some other treatment. If that comes by way of jail then so be it.
Others may be by later with more specific information. There are some probation and parole folks here.
Re: Probation Violation for Being Drunk in Public
There are two problems here. First, is that the probation conditions in Virginia (and just about anywhere) state that you're not to commit more crimes while on probation. The second issue is Virginia says not to drink to the point it interferes with your activities. Getting arrested for drunk in public is prima facie evidence of such interference. You, need an attorney as Geek pointed out. You also need to get into some program about your substance abuse issues. Your PO can probably direct you to such programs, if not try the Virginia Department of Health. I'm not a big fan of the efficacy of twelve step, but you need to do something. You have the text book definition of a substance abuse problem.
Re: Probation Violation for Being Drunk in Public
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Raiko
What I'm wondering is whst kind of time would I be looking at??
The rest of your sentence, of course.
Re: Probation Violation for Being Drunk in Public
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flyingron
There are two problems here. First, is that the probation conditions in Virginia (and just about anywhere) state that you're not to commit more crimes while on probation. The second issue is Virginia says not to drink to the point it interferes with your activities. Getting arrested for drunk in public is prima facie evidence of such interference. You, need an attorney as Geek pointed out. You also need to get into some program about your substance abuse issues. Your PO can probably direct you to such programs, if not try the Virginia Department of Health. I'm not a big fan of the efficacy of twelve step, but you need to do something. You have the text book definition of a substance abuse problem.
I'm court ordered to take a substance abuse class and start thay Wednesday. ..I also attend AA meetings regularly and na meetings ...I'm an addict and I understand now more than I did at first that that includes alcohol ...that I'm not like normal people who can just have a drink I take everything to the extreme .... I've learned in recovery that we some times relapse or make mistakes it doesn't define us ...and not to let it bring me down just to keep moving forward !!! I know I will automatically get an court appointed lawyer. Am I looking at a lot of time is the question . I know I can get all the time but what is common for that is my question . I finally got a job and see my son regularly also have my own place and it took time to get where I've gotten like I said I don't want to lose it all.
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Highwayman
The rest of your sentence, of course.
I know that but I feel that would be really extreme
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Raiko
I know that but I feel that would be really extreme
Well if your probation gets revoked what do YOU think happens?
Re: Probation Violation for Being Drunk in Public
9 years,tho for a,non jail able misdemeanor? ??
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Raiko
9 years,tho for a,non jail able misdemeanor? ??
Understand, it is not a misdemeanor you are facing here. It's the FELONY GRAND THEFT. You're still dealing with the punishment for that crime which included allowing you to NOT be imprisoned if you could live by a small number of conditions which include not getting drunk and not committing more crimes. You've thumbed your nose at the court and the residenst of the Commonwealth who allowed you to live amongst them with a second chance.
Re: Probation Violation for Being Drunk in Public
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flyingron
Understand, it is not a misdemeanor you are facing here. It's the FELONY GRAND THEFT. You're still dealing with the punishment for that crime which included allowing you to NOT be imprisoned if you could live by a small number of conditions which include not getting drunk and not committing more crimes. You've thumbed your nose at the court and the residenst of the Commonwealth who allowed you to live amongst them with a second chance.
I spoke to my lawyer aND he said that more than likely if I stay doing everything I have to I won't get jail time and my time will be resuspended. ..at most a month because probation is to help reabilitate and mistakes are expected. So I feel a lot better about it. I'm glad for everyone's advice but you obviously don't know what it is like to be an addict. It's an everyday struggle and I never intended to mess up things happen and yes I understand being punished is something I might deserve bUT I really am trying.
Re: Probation Violation for Being Drunk in Public
I never said that I don't understand what it is to be an addict. I said you specifically need help. However, I'm telling you how it is. It's not the problem that getting drunk in public by itself is minor, it's that you PROMISED to be sober and lawful in order to escape IMPRISONMENT, but you went back on that deal.
My first advice to you was that you need to PROACTIVELY get help but your response to me was to make excuses. Sorry, until you can adopt one SHRED of personal responsibility you have no chance to integrate with society and deserve incarceration. b