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  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Unsupervised Probation And Living Out Of State

    I recently received one year unsupervised probation for a misdemeanor possession charge.(in Wyoming) I was allowed a deferred sentence because I'm a student and I could not afford to finish my education without student loans/grants and was given unsupervised probation because the school I attend is out of state.(Denver, CO)

    When I first spoke to the prosecuting attorney he explained that I would not be subject to random UAs out of state, but could and would most likely be given one if I came in contact with the police and I was required to let them know when I returned to Wyoming because I would be subjected to random UAs during that period.

    Later that day, while in court to accept the deferred sentence, I asked him again, just to be sure I understood, but he gave me a different answer. I was told that they could show up at any time, at my home, at the school, or at my place of work to give me a Urine Analysis.

    I've known the prosecuting attorney for over 15 years and after careful consideration I believe what he told me the second time could have been, in his eyes, to keep me out of trouble. I'd ask him again, but I'm unsure if he would give me a straight answer. (He is extremely anti-drugs and only gave me a deferred sentence because of my situation)

    As part of my probation, I'm required to not consume alcohol/drugs.
    I'd like to know if I'm in danger of violating my probation if I choose to have a beer or glass of wine with my dinner occasionally. Also, in the city of Denver, it is now legal for persons over the age of 21 to have up to an ounce of marijuana in their home. If I live with someone who smokes, not smoking myself, am I in danger of violating my probation?

  2. #2
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Unsupervised Probation And Living Out Of State

    Aw, no edit button. I just wanted to add that it's legal for a person over 21 to possess up to an ounce of marijuana in their home, in Denver, as far as local police are concerned. Federal agents can still charge you for possession.(for anyone living in Colorado that might read this)

  3. #3
    Join Date
    Jan 2006
    Location
    Kentucky
    Posts
    70

    Default Re: Unsupervised Probation And Living Out Of State

    "As part of my probation, I'm required to not consume alcohol/drugs.
    I'd like to know if I'm in danger of violating my probation if I choose to have a beer or glass of wine" --- Uh, Yes you are. What's confusing about "I'm required to not...."?

    I can't speak to the legality of the possession matter, but seems you just need to run into an angry cop and a zealous prosecutor and your bubble will burst, because your probation terms do not include "unless local statutes allow".

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