I am on probation for stalking in FL. It states I cannot consume alcoholic beverages. 2 days ago I was battered(struck in the face) by someone, I called the cops, they got my statement and asked if I wanted to press charges. I said yes. Don't know what happened to the guy though. My question is this: I know the police officer probably filled out his report as well. When this reaches the state attorneys office would I be in violation of probation if the officer wrote in his report that he "could smell alcohol on my breath/person"? I don't recall because I was so nervous after the incident, but what if I told him I had been drinking and he wrote that in his report? Then would I be in violation?

Hello tim:

You ARE in violation. Whether you get caught or not is a different matter.

You are also supposed to report ALL police contact, so if you didn't, then you are in violation for that.

Will your PO find out about this? I don't know.

excon

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Originally Posted by excon

Hello tim:

You ARE in violation. Whether you get caught or not is a different matter.

You are also supposed to report ALL police contact, so if you didn't, then you are in violation for that.

Will your PO find out about this? I dunno.

excon

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1. Nowhere in my paperwork does it say I must report ALL police contact. It does state "you will remain at liberty without violating any law. A conviction in a court od law shall not be necessary in order for such a violation to constitue a violation of your probation". Keep in mind "I" called the cops because someone started an altercation with me and I didn't want to get in trouble.

2. Did the responding officer smell alcohol on my breath or person? Probably but I am unsure if he noted it in his report. Even if he did, can't I simply say that the person who hit me also threw beer on me? Clearly when the officer went to his residence to question him and his two chhorts they could smell alcohol on them?

3. It doe say in my papers that "you will not use intoxicants" but once again, if it is in the police report that he felt I had, couldn't I simply say it was because the dude threw a open beer bottle on me? Would,nt it be my word against his?

This is my first time on probation and I am trying to do the right thing. I am self employed with a 6 yr old son and I do not want to go to jail because someone hit me. What do you think?

Hello tin:

Most probation requires you to report ALL police contact. I'm glad yours doesn't.

What you need to know is procedural. IF they violate you, they will have a hearing - NOT a trial.

If they smelled alcohol, the presumption is that you were drinking. They don't need to PROVE it, though, and you can say anything you want to say.

However, if they're violating you, it means that they've already discounted your story, and they're going to violate you at the hearing.

If you're violated, you can hire an attorney to represent you, if you think it will do any good.

excon

When you report in person to the probation office each month you are required to fill out all the pertinent information in your own handwriting and sign and date this paperwork. The paperwork asks you to list all police contact for the previous month. This includes any tickets or incidents such as yours. If you were drinking and called the cops then you are dumber than a rock if the cop did note the strong smell of alcohol as you will definitely be violating your probation. If you do not list the "any police contact" on your monthly report sheet and they find out, you are in violation.

The probation "rules" that you have are a guideline of what they want you to do and not to do. It's the monthly reporting sheet that really nails you when not filled out properly.