Results 1 to 8 of 8
  1. #1
    Join Date
    Aug 2012
    Posts
    8

    Default Will an Order of Probation Prohibit the Use of Alcohol

    I plead guilty to first time harassment charges (via text) in the hopes I will get diversion. First time offender on anything. I will most likely go on probation during the time of diversion. I will be going to a private probation company, not the county's. Since this is a first time charge and it has to do with text harassment, will they or will they most likely not ban any alcohol use?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will an Order of Probation Prohibit the Use of Alcohol

    Are you over the age of 21? Was alcohol in any way involved in your offense? Does the court or probation officer have any reason to believe that you have a problem with alcohol?

  3. #3
    Join Date
    Aug 2012
    Posts
    8

    Default Re: Will an Order of Probation Prohibit the Use of Alcohol

    Yes - over 21. Alcohol was was involved but I have no prior alcohol offenses. There was no alcohol usage mentioned in the reports/charges/court. The courts or prob officer have no indication there was alcohol involved. Again, this was a fight/harassment over texting each other.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Will an Order of Probation Prohibit the Use of Alcohol

    We have no way of predicting what will or won't happen but if probation requires you to avoid alcohol then you'd better obey it.

    You might have no prior alcohol offenses but you appear to trouble with an anger/alcohol mix resulting in significant judgment loss.

    I suggest you quit drinking even if it's not a probation requirement.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will an Order of Probation Prohibit the Use of Alcohol

    If you're an adult and there's no reason to believe that you have a problem with substance abuse or alcohol, then in most states there's a good chance that your probation order will not include a prohibition on alcohol consumption -- but policies vary by state and by probation department.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will an Order of Probation Prohibit the Use of Alcohol

    You're going to have to tell us which state we're talking about. Many states ban probationers from consuming ANY alcohol (Pennsylvania, for example) regardless of what they were convicted of. Others, will just tell you not to drink such that it interferes with your other behavior provided you weren't convicted of some alcohol-related crime.

  7. #7
    Join Date
    Aug 2012
    Posts
    8

    Default Re: Will an Order of Probation Prohibit the Use of Alcohol

    Tennessee

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will an Order of Probation Prohibit the Use of Alcohol

    Tennessee law doesn't mandate an alcohol prohibition, but the court and the corrections department are free to subject you you to an alcohol evaluation, treatment program, and additional conditions if they see fit. Here are the standard ones:

    (1) Meet the offender's family responsibilities;

    (2) Devote the offender to a specific employment or occupation;

    (3) Perform, without compensation, services in the community for charitable or governmental agencies;

    (4) Undergo available medical or psychiatric treatment, and enter and remain in a specified institution whenever required for that purpose by voluntary self-admission to the institution pursuant to § 33-6-201;

    (5) Pursue a prescribed secular course of study or vocational training;

    (6) Refrain from possessing a firearm or other dangerous weapon;

    (7) Remain within prescribed geographical boundaries and notify the court or the probation officer of any change in the offender's address or employment;

    (8) Submit to supervision by an appropriate agency or person, and report as directed by the court;

    (9) Satisfy any other conditions reasonably related to the purpose of the offender's sentence and not unduly restrictive of the offender's liberty, or incompatible with the offender's freedom of conscience, or otherwise prohibited by this chapter;

    (10) Make appropriate and reasonable restitution to the victim or the family of the victim involved pursuant to § 40-35-304; or

    (11) (A) Undergo an alcohol and drug assessment, treatment, or both an assessment and treatment, if the court deems it appropriate and licensed treatment service is available;

    You can probably find some information about how your probation is likely handled by reading their own internal document:

    https://www.tn.gov/assets/entities/c...ndards2014.pdf

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: Alcohol Probation Violation
    By abidah in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 02-06-2012, 05:34 PM
  2. Probation and Parole: Probation and Alcohol Use
    By bostonrake in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 11-11-2007, 12:17 PM
  3. Probation and Parole: Consuming Alcohol While On Probation
    By ldunn5 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 05-30-2007, 08:47 PM
  4. Probation and Parole: Positive PBT For Alcohol While On Probation
    By MI Native in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 04-06-2007, 05:38 PM
  5. Probation and Parole: Probation Violation for Use of Alcohol
    By guido70 in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 01-06-2006, 05:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources