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    rickpat's Avatar
    rickpat Posts: 5, Reputation: 1
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    #1

    Jun 8, 2012, 03:23 PM
    Is this probation violation?
    Massachusetts- if someone is on probation and overdosed and was brought to the hospital, does this violate? There may be a police report with the 3 persons involved. 2 overdosed, one did not.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 8, 2012, 04:30 PM
    Yes, it can be a violation.
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    rickpat Posts: 5, Reputation: 1
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    #3

    Jun 8, 2012, 04:33 PM
    Quote Originally Posted by Fr_Chuck View Post
    yes, it can be a violation.
    There were no charges and.no.arrest, what would the violation be chuck?
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 8, 2012, 04:37 PM
    Police contact, it may not violate them but if they don't report it, not reporting it.

    Next what did they OD on, prescription drugs ? Was it their own? If it was illegal drugs, that is your violation, if it was prescription drugs but not their drugs, that is your violation.

    So my guess with the little info given, use of illegal drugs of some kind.
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    rickpat Posts: 5, Reputation: 1
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    #5

    Jun 8, 2012, 04:41 PM
    Quote Originally Posted by Fr_Chuck View Post
    Police contact, it may not violate them but if they don't report it, not reporting it.

    Next what did they OD on, prescription drugs ? was it their own? if it was illegal drugs, that is your violation, if it was prescription drugs but not their drugs, that is your violation.

    So my guess with the little info given, use of illegal drugs of some kind.
    The conidtions say only to report after incarceration. There is no evidence of any illegal drugs. i.e. none at the scene. Just a trip to the hispital for tteatment.
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    excon Posts: 21,482, Reputation: 2992
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    #6

    Jun 8, 2012, 04:42 PM
    Hello r:

    It's MY guess that the person on probation is not allowed to use the substance that he OD'd on. THAT would be a violation.

    excon
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    rickpat Posts: 5, Reputation: 1
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    #7

    Jun 8, 2012, 04:48 PM
    Quote Originally Posted by excon View Post
    Hello r:

    It's MY guess that the person on probation is not allowed to use the substance that he OD'd on. THAT would be a violation.


    excon
    Agreed, but no substance was found. Just a person needing medical assistance
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    excon Posts: 21,482, Reputation: 2992
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    #8

    Jun 8, 2012, 04:59 PM
    Quote Originally Posted by rickpat View Post
    agreed, but no substance was found. just a person needing medical assistance
    Hello r:

    A probation violation is NOT like a trial.. The PO doesn't need PROOF. Going to the hospital is all the proof they need.

    excon
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    rickpat Posts: 5, Reputation: 1
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    #9

    Jun 8, 2012, 05:05 PM
    Quote Originally Posted by excon View Post
    Hello r:

    A probation violation is NOT like a trial.. The PO doesn't need PROOF. Going to the hospital is all the proof they need.

    i see what youre saying. i believe they need a 'proponderance of evidence" ... but couldnt that person have been sent to the hospital for anything? allergic reaction... dizzy, food poisoning... i dont believe there is any evidence illigal drugs were used

    excon
    My reply is above
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Jun 8, 2012, 05:06 PM
    Yes, you misunderstand, there is no trail at a vioaltion hearing, he will be considered guilty unless he can prove he OD on asprin, and yes if it was not his own drugs, you do not OD on something you have.

    Just the fact they OD, or almost OD is all they need.

    And there is a book of rules they are too follow, just not knowing them does not matter.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Jun 8, 2012, 05:09 PM
    Quote Originally Posted by rickpat View Post
    my reply is above
    Hello again, r:

    I believe a trip to the hospital for OD'ing IS evidence of drug use. Look. You don't have to convince me. He'll be seeing a judge.

    excon
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