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  1. #1
    Join Date
    Jun 2015
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    Default Drug and Alcohol Restrictions During Probation

    My question involves criminal law for the state of: Maryland

    I'm writing a novel, and it's quite possible that I'm overreaching with a hypothetical situation. I'd appreciate any kind of feedback.

    My character was convicted of involuntary manslaughter for killing a man in a barroom brawl. After serving nine months of a two-and-a-half year prison sentence, he's on probation that includes job employment, AA attendance, and monthly drug tests. The man's probation agent happens to mention that they will test for illegal drugs, but she also states that they're not testing for alcohol, so it's not unusual for my character to go to a bar and have a couple of beers (sometimes even after he goes to an AA meeting). How plausible is this scenario? Is it at least possible that alcohol restrictions were inadvertently left out of the probation terms? Is it up to the probation agent to make those kinds of restrictions?

    I like the idea that the system has lots of flaws and that it's difficult for the character to understand the terms of his probation. It's possible that he misunderstood his probation agent and that, in fact, he could be found in violation if he drinks. Still, I'd like to understand how this works. Thanks for any information.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Drug and Alcohol Restrictions During Probation

    If the terms of the parole include "no alcohol", the odds of a parole officer telling a defendant, "We won't test for alcohol" hover at roughly zero percent. But if you want to take "poetic license", you are writing fiction....

    Pretty much every legal novel takes some degree of license with the law in the interest of creating drama, or an opportunity for drama.

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