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View Full Version : Public Intoxication and disorderly conduct... probation violation?


Down4War
Sep 9, 2011, 07:33 PM
I was recently arrested for public intoxication and disorderly conduct. I am currently serving 4 years of probation, 3/4 of the way through with no incidents. I have paid all of my fines and court costs and have always reported on time and passed all drug test. Basically I haven't had any issues until now.

First of all should I tell my probation office right away? Will she violate me or is there a possibility that she will not? If she does what happens? What is the best case scenario/worst case scenario. Should I fight it in court or plead guilty? I was trying to walk away from the potential fight when the guy ran up to me with no shirt and locked up with me... that's when the officer came around the corner... so took us both. The probation of for felony possession of marijuana with intent to sell... nothing to do with my recent charges which are both misdemeanors.

twinkiedooter
Sep 9, 2011, 07:38 PM
Yes you need to tell the PO asap because if you don't right there it is an automatic violation. And if you were publicly intoxicated there is another violation as you are not supposed to drink alcohol while on probation. And all this will be sorted out at your VOP hearing before the Judge. He may give you more probation after a short stint in jail if you are convicted on new charge or he may just give you more probation. Hard to tell at this point. Better get an attorney's advice on this before pleading in the other case.

Down4War
Sep 9, 2011, 07:45 PM
Thanks for the advice. I plan to get the advice of an attorny. I called my probation officer and left a message. That was this morning, so I will most likely not hear from her until Monday. They never gave me any sobritiy tests and only knew that I had been drinking at a friends birthday clebration dinner. A punch was never thrown and no one got hurt. I complied with the police. My probation officer is really nice and knows that I am in college trying to better myself and my life. Out of three years this is the only thing that has happened. So if she is willing to help me in the eyes of a judge is there a posiblity that I will not go to jail? I just don't want to screw up... I've been trying so damn hard and this jackass did this!

twinkiedooter
Sep 9, 2011, 08:33 PM
Good that you seem to have a good relationship with your PO as most are not that nice. Definitely confer with an attorney on this. If your PO gives a good recommendaiton to the judge and you have an attorney you may just end up with more probation instead of jail time this time... but you still have the other case to dispose of before you get back into the probation hearing judge's courtroom.

PO's can sometimes make or break a probationer. If they see you are really trying hard to improve yourself and are trying to stay arrest and trouble free you may just win here.

Down4War
Sep 9, 2011, 09:03 PM
Thanks man. I really am trying. Stupid **** happens sometimes. Learned my lesson however, will not go out period from now on until this is all over.

twinkiedooter
Sep 10, 2011, 11:06 AM
Thanks man. I really am trying. Stupid **** happens sometimes. Learned my lesson however, will not go out period from now on until this is all over.

I'm a lady actually, but that's okay. And YES, it is a good idea to just lay low while on probation as this negates trying to get yourself out of trouble. Hope you prevavil and just get more probation in the end.

Fr_Chuck
Sep 10, 2011, 11:29 AM
First the police always seem to be there when you don't need them at times. But perhaps it stopped you from getting hurt if this person was trying to do that.

As noted, yes tell your probation officer , since not telling them is an additional violation and often considered a worst one. In general the PO may not have a choice but to violate you but while is is always up to the judge, my opinion is that they will just put you back on probation, perhaps include drinking along with tests for drugs, perhaps require AA or something. But the drunk and disorderly is not really recorded at least in any court I worked at as a serious issue, unless the first crime was drinking related