Someone help me

[zzzzz]

What is the name of your state?Pa {Erie County) There was no physical violence in this incident, just verbal abuse from both of us.

I have a question pertaing to the Parole and Probation standards and policys concerning violations and revocations. I have been on Parole/probation since 2003 because of a DUI. Me and my wife of 8 years just split up 2 weeks ago, and let me tell you it wasnt a friendly seperation. She told me to come over there last monday to get some of my things, and we ended up getting in a heated arguementand I lost my temper and threatened to trash our house which led to her calling the police. They showed up and I told them I was on parole, come to find out 2 days later they called my PO and told her me and my x had a fight and that i was intoxicated which i was not. We live in a small town and my x,s family has a lot of friends in the police force and the one that called my po is her step fathers good friend. well i will cut this short, does my probation officer have a right to violate my parole just on the police officers word, or does she have to have proof such as a breathalyzer or some kind of sobriety test. Because they didnt test me in any way. Help

 

[CdwJava]

Yes, your PO can violate you on the word of the officer even without a test. There is probably a hearing of some kind where you can assert that you were NOT intoxicated. But, if you were acting drunk - and especially, if you smelled of alcohol - then they may have come to the conclusion that you were.

Unfortunately, this is what happens when you lose your temper and start trashing the place.

- Carl

 

[Rochelle]

Were you arrested? If you were not arrested, then your parole can not be violated.

 

[CdwJava]

Were you arrested? If you were not arrested, then your parole can not be violated.

Are you sure? In California parole and probation can both be violated without an arrest prior. I am told the same is true in PA as well.

- Carl

 

[Rochelle]

I'm sorry. I'm quoting MS law, so my answer is of absolutely no help to the OP.

 

[CdwJava]

I'm sorry. I'm quoting MS law, so my answer is of absolutely no help to the OP.

So, in MS someone who fails to comply with the terms of their probation or parole cannot be violated and sent back to jail or prison unless they commit a new offense? I have to be missing something here, because that seems just too easy to dodge compliance.

If someone has a condition of release that says they are to abstain from consuming alcohol or frequenting establishments where alcohol is the primary item served (like a bar), then he can slam a few or hang out in a bar sipping brews without any penalty? Unless, of course, he gets sloshed.

There must be something missing here ... that just sounds wrong.

- Carl

 

[ohiomomof3]

My experiences (Ohio)

Unfortunately, a couple of my relationships dealt with parole as well as probation. They don't have to arrest you on the spot. I have known guys that thought they were in the clear, then their next appt., they get cuffed. Sorry to hear about your situation, and your state may be different. I think it depends on the parole/probation officer, different things have happened to different people in the same county. I have an ex right now who needs a violation, but they won't waste their time.

 

[zzzzz]

someone help me update

I thought that i would right back and let you all know what happened, well first of al i was bull ****tin when i said i wasnt drinking. I said hell with it and called my Po and was straight up with her and was honest for once in my life. She put me in the county jail for 15 days which isnt **** compared to what i thought was going to happen to me. I really appreciate everones input thank you all very much. I learned that honesty is the best policy and that its time to sit Mr. Budwieser down for a while atleastfor the remainder of my parole and try to find a better past time than drinking. But for everones knowledge the parole office does have to have proof they cant just go bye heresay from a police officer or anyone. Ive decided that i need god back in my life and not alcohol, i am a way better person than my actions have portrayed me the last month.

Thanks again everyone for all the info,and GodBless!

 

[mreed1606]

God For You

Im glad that everything went well for you. Keep God in your life.