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  1. #11
    Join Date
    Sep 2010
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    19,901

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    The judge was giving you a very big hint: get the evaluation.

  2. #12
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    Since you have an attorney maybe you should be discussing your problem with him???

  3. #13
    Join Date
    Nov 2016
    Posts
    7

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    it's a public defender, I can't get him to answer the phone

  4. #14
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    The public defender no longer has any obligation to you.

  5. #15
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    You can shell out three or four hundred dollars to speak with an attorney (or at least try a consultation which may be free).

    On the other hand, think of all the money you'll be saving by not buying booze.

  6. #16
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    Quote Quoting Isaac006
    View Post

    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?
    You have no argument and there is no gray area. The rule imposed is no booze. If you want to request a modification of the rules of your probation then you file a motion to amend the rules. Your PO may even file the motion on your behalf if they believe it is appropriate. Otherwise you would have to file the motion.

    You need to present a valid reason the restriction should be lifted. I want to be able to drink is not a valid argument. I do more stupid things when I'm sober than when I'm drunk is not a valid argument.

    The only court of importance here is the court that imposed the rule. They have jurisdiction and it would not be proper for another court to alter the order unless it is determined to be legally improper.

    It was recommded a drug evaluation would would be beneficial. It is no guarantee of success and the lack of one is no guarantee of failure but it surely wouldn't hurt. The time alone without incident doesn't carry the same weight as a supportive drug evaluation will. You do what you want.

    The fact alaska has relaxed the laws on marijuana or the state you live in now doing something similar is irrelevant. Alcohol is legal is all 50 states but as you have seen, you can be prohibited from drinking booze.

  7. #17
    Join Date
    Nov 2016
    Posts
    7

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    Quote Quoting flyingron
    View Post
    The public defender no longer has any obligation to you.

    not true, the federal defender is required to represent you for all proceedings that you have the right to an attorney, which include modifying supervised release. at least that's what mine told me when I was sentenced

  8. #18
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Get Rid of a No Alcohol Probation Condition

    Quote Quoting Isaac006
    View Post
    not true, the federal defender is required to represent you for all proceedings that you have the right to an attorney, which include modifying supervised release. at least that's what mine told me when I was sentenced
    The public defenders office is obligated to provide you with an attorney when you are at risk of an criminal prosecution that could result in incarceration and if
    you still qualify for a PD.

    In some special circumstances you can be assigned a public attorney but you have to have reason and must request one. The attorney that represented you is not at
    your beck and call like a retained private attorney would be.

    So, at the moment the attorney that represented you has no obligation to you. The portion of your journey he was engaged for is complete and he was discharged.

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