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  1. #1
    Join Date
    Sep 2011
    Posts
    8

    Exclamation Arrested Due to Finding Empty Can of Beer in House but Was Not Drinking

    My question involves criminal law for the state of: New Mexico

    Hi,

    Last night, my boyfriend was arrested from his house when parole officers came to do a routine check. He had his friends over and one of them was drinking and happened to leave the empty can out. When the officers found the can, although he had not had anything to drink, the immediately arrested him because apparently his contract said that he cannot have any alcohol in the house. What should we expect? Will he be released? Will he have to serve the rest of his one year probation, which would be 9 months, in jail. This is his first violation.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Arrested Due to Finding Empty Can of Beer in House but Was Not Drinking

    Can't answer what will happen, but he could very well serve out the rest of his sentence in jail.

  3. #3
    Join Date
    Sep 2011
    Posts
    8

    Default Re: Arrested Due to Finding Empty Can of Beer in House but Was Not Drinking

    is it likely? this is his first violation. Is it possible that he may just get 30 days? because his UA came up clean.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Arrested Due to Finding Empty Can of Beer in House but Was Not Drinking

    Hard to answer. NM has some tough policies on that kind of violation. It doesn't take long for alcohol to clear the system, so it depends on how the judge wants to view the violation. Honest, 50/50 chance.

  5. #5
    Join Date
    Sep 2011
    Posts
    8

    Default Re: Arrested Due to Finding Empty Can of Beer in House but Was Not Drinking

    well he was tested immediately. and now the website is saying that he is in a state prison.....

  6. #6
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Arrested Due to Finding Empty Can of Beer in House but Was Not Drinking

    He has to go back in front of the parole board to see what they want to do. He will have to sit until his next hearing. I don't know how long that may take.

  7. #7
    Join Date
    Sep 2011
    Posts
    8

    Default Re: Arrested Due to Finding Empty Can of Beer in House but Was Not Drinking

    they say he will see a judge tomorrow

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