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  1. #1

    Default Consequences for First Probation Violation

    My question involves criminal law for the state of: Colorado

    Hello. About 6 months ago i turned 21 and went out drinking. I broke a public restroom paper towel dispenser and a soap dispenser and was charged with Criminal Mischief misdemeanor. I pled guilty, and my sentence was a year of deferred sentence that would be supervised until I completed my alcohol treatment, which is a 12-week individual therapy program. While I am waiting for my therapist to fax my alcohol evaluation over to my probation officer, I am on daily BAs. Also, this is my first ever offense in any state.

    Last Friday night, I went out drinking with a few friends. I had to take a breathalyzer the next day and blew .04. Now, before you start lecturing me about drinking on probation, I completely understand that I have a problem and that alcohol is ruining my life and costing me extraordinary amounts of money in legal fees. Alcoholism runs deep in my Irish family, and though I had never been in trouble because of drinking before this, I still had an unhealthy habit of drinking to excess. I was just in denial of the problem. I now understand how easily my life could be destroyed by booze.

    I'm going to call my PO when she is in the office tomorrow to inform her that I blew positive. I also want to make it very clear that I know that I need therapy, and that the living situation I'm in(myself and 3 other guys, all of whom drink to excess pretty regularly) is in part preventing me from being a successful probationer.

    What are some of the things my PO could/would do? She seems very understanding and nice, but a condition of my probation is no alcohol, which I clearly violated. Will she view this differently because I am being pro-active in enrolling in a therapy program? Is it common for probation to be revoked because of something like this?

    Thanks for your time guys.

  2. #2
    Join Date
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    Default Re: Consequences for First Probation Violation

    Quote Quoting ineedarealname
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    Last Friday night, I went out drinking with a few friends. I had to take a breathalyzer the next day and blew .04. Now, before you start lecturing me about drinking on probation, I completely understand that I have a problem and that alcohol is ruining my life and costing me extraordinary amounts of money in legal fees. Alcoholism runs deep in my Irish family, and though I had never been in trouble because of drinking before this, I still had an unhealthy habit of drinking to excess. I was just in denial of the problem. I now understand how easily my life could be destroyed by booze.

    I'm going to call my PO when she is in the office tomorrow to inform her that I blew positive. I also want to make it very clear that I know that I need therapy, and that the living situation I'm in(myself and 3 other guys, all of whom drink to excess pretty regularly) is in part preventing me from being a successful probationer.
    So, let's review.

    It is because of your heritage, your family and your friends.

    I was originally encouraged by your post but then it all fell into chunks.

    Listen. You need to man up and take personal responsibility for this stuff. It doesn't matter about the rest.

    The court won't care either.

    What are some of the things my PO could/would do? She seems very understanding and nice, but a condition of my probation is no alcohol, which I clearly violated. Will she view this differently because I am being pro-active in enrolling in a therapy program? Is it common for probation to be revoked because of something like this?
    Absolutely. Probation may be revoked for directly violating a provision thereof.

    You may be required to complete the original sentence that the probation was in lieu of.

  3. #3

    Default Re: Consequences for First Probation Violation

    I am in no way blaming this on my friends, family, or blood. I know what I've done wrong, and I know that I have a problem, and that its my fault. I am more angry with myself for lacking self-control. That said, I am moving out of this living arrangement because it IS difficult for me to be around reckless use of drugs and alcohol all the time.

    So, if my probation is revoked, I could have to serve my entire sentence in jail?? What are the chances of this happening?

    Apart from drinking, I am a very straight-laced guy, and I've never been in any other trouble in my life. Going to jail would force me to drop out of university study and ruin my chances at a life of any kind of normalcy. I feel like I have a lot going for me in life still. Will this carry some weight with my PO? What about if my therapist talks to her?

    Thanks again guys.

  4. #4
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    Default Re: Consequences for First Probation Violation

    Quote Quoting ineedarealname
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    I am in no way blaming this on my friends, family, or blood. I know what I've done wrong, and I know that I have a problem, and that its my fault. I am more angry with myself for lacking self-control. That said, I am moving out of this living arrangement because it IS difficult for me to be around reckless use of drugs and alcohol all the time.
    A bit of closing the barn door after the horse has run off, but a good start.

    So, if my probation is revoked, I could have to serve my entire sentence in jail?? What are the chances of this happening?
    You could serve the amount of the sentence that the judge believes to still be outstanding.

    I don't give odds very often... in this case though, pretty good. You violated a DIRECT PARAMETER OF YOUR PROBATION. You apparently thought that it was okay to ignore a court order.

    Judges don't like that.

    Apart from drinking, I am a very straight-laced guy, and I've never been in any other trouble in my life. Going to jail would force me to drop out of university study and ruin my chances at a life of any kind of normalcy.
    Prison has been know to do that.

    I feel like I have a lot going for me in life still. Will this carry some weight with my PO?
    That was why you got probation in the first place.

    What about if my therapist talks to her?
    Ask her.

  5. #5

    Default Re: Consequences for First Probation Violation

    Prison? Why would I go to prison? It wasn't a felony offense, and I didn't get another charge. Wouldn't it just be jail?

  6. #6
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    Default Re: Consequences for First Probation Violation

    Quote Quoting ineedarealname
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    Prison? Why would I go to prison? It wasn't a felony offense, and I didn't get another charge. Wouldn't it just be jail?
    Jail/prison... whichever.

  7. #7

    Default Re: Consequences for First Probation Violation

    Well I won't be able to talk to my probation officer until tomorrow, but what is the best course of action? What should I say to her?

  8. #8
    Join Date
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    Default Re: Consequences for First Probation Violation

    Quote Quoting ineedarealname
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    Well I won't be able to talk to my probation officer until tomorrow, but what is the best course of action? What should I say to her?
    I always recommend the truth.

  9. #9

    Default Re: Consequences for First Probation Violation

    Quote Quoting cyjeff
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    I always recommend the truth.
    cyjeff,

    I really appreciate your help. I feel like if I talk to her and explain myself, show my efforts to be proactive with therapy, community service, and changing my living situation to something that more facilitates my alcohol therapy. The officer that took my BA when I blew positive said that, judging by my status as a first offender, and this being my first violation for a low level misdemeanor probation, the most that my PO would probably do is make me wear an alcohol anklet until they can see I'm doing better, and at very least, a verbal warning. Fingers are officially crossed. Thanks again cyjeff.

  10. #10

    Default Re: Consequences for First Probation Violation

    Hey all,

    Just thought I'd let you know of the outcome of my violation. I wrote my PO a detailed e mail about my violation, and the steps I am taking to deal with my alcoholism(man, those first few AA meeting are a doozy). Then I called her first thing this morning as soon as she got in(before she'd read the e-mail) and let her know all about last Friday night. She said that, though this WAS a violation of a direct parameter of my probation, since it is clear that I am doing everything I can to deal with my problem, she just put me on an alcohol monitoring bracelet, instead of sending me back to court. I am so grateful for the advice I received on this board. I'm not telling anyone to go turn themselves in or anything, but I am very glad that I didn't do anything stupid and that I recognized what a moron I've been and I am trying to fix it.

    Thanks again cyjeff. You're the man.

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