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  1. #1
    Join Date
    Jan 2010
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    3

    Default Out of State Unsupervised Probation Violation

    My question involves criminal law for the state of: Colorado/Nevada

    I am on unsupervised probation in Colorado for a low-level misdemeanor. I am not allowed to drink on my probation. I recently had police contact in Nevada breaking up a fight with my friends, and everyone had been drinking. We all went to the Sheriff's office and were held there until we had BAC under .08, about an hour. I wasn't charged with anything at all and they told me there would be no record of the incident.

    I don't know if I even have a probation officer. What should I do? Will they have already contacted my probation officer? I haven't gotten any calls or e-mails about anything.

    Thanks.

    Also, should add that there is no criminal penalty(including arrest) for public intoxication in Nevada. I'm sure they ran a background check or whatever, but they didn't say anything about probation or anything.

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

    Default Re: Out of State Unsupervised Probation Violation

    Did they know you were on probation, and the state in which you're on probation? If not, they wouldn't even know that there was somebody to contact.

    You likely are under a duty to report the incident to the probation department; check the terms of your probation. I can't promise you that the probation department won't find out about it.

  3. #3
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Out of State Unsupervised Probation Violation

    I don't think they knew I was on probation at all. I have a good friend on the police force, I'll ask what it says when he puts my name into the computer.

    In any case, I am not just going to 'hope' they didn't know I was on probation. I don't have any reason to be dishonest; I'd rather just call someone in the morning and explain exactly what happened, and if I have to take a drug test or something when I get back to CO, and I am supervised for the remainder of my probation (not long), so be it.

    I reviewed the terms of my probation. Here's the rub: I am not supposed to consume alcohol to excess. I blew a .087 when I was there, and was held for an hour so that my friends and I could share a cab. I'm assuming that's excessive. However, it says specifically that is unnecessary to report police contact unless there is a criminal charge involved(with the exception of a minor traffic ticket), which there wasn't. In fact, I called the sheriff's office yesterday, and they don't even keep records of Civil Protective Custody holds; those are classified medical records.

    Mr. Knowitall, be my voice of reason. What should I do next?

  4. #4
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Out of State Unsupervised Probation Violation

    After thinking about it for a minute, wouldn't the police in NV have just detained me as a probation violator if they knew I was on probation? I've heard of a no-bond hold for violators of probation in other states.

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