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Junior Member
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Mar 9, 2013, 10:24 AM
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Rights on Probation
Ok I have been on probation for a year and about four months, what I'm concerned about is, do we automatically give up every single right once we sign those papers? Or just some, like privacy, drugs weed, you know.. the OBVIOUS ones, but it has come to my attention that our constitutional rights are REALLY being violated, like I buffed up on the tests they make us take for alcohol, which are always EtG tests, read up on it... they chances of passing are really slim even for someone that doesn't drink... like me.. sober for a good bit now.. is there any way to contest false positives while on probation? Do we have the right to an attorney to contest this? I read up that contesting an EtG is a sure win for lawyers.. so why make probationees take one when it can easily be contested? Do they think we just won't say anything just cause probation makes you feel like they stripped your rights? Id ask my p.o... but here they use intimidation tactics and are pretty corrupted... anybody that tries to standup for themselves gets completely shutdown with these tactics.. the system here is pretty much a joke with serious consequences.
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Uber Member
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Mar 9, 2013, 10:55 AM
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Yes they can because Probation is just an extension of incarceration... only with a few more freedoms. Your actual sentence isn't served until you complete probation... now of course the alternative is sitting in jail the rest of the time? Which is the better of the two to you?
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Junior Member
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Mar 9, 2013, 11:01 AM
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 Originally Posted by smoothy
Yes they can because Probation is just an extension of incarceration....only with a few more freedoms. Your actual sentence isn't served until you complete probation....now of course the alternative is sitting in jail the rest of the time? Which is the better of the two to you?
sometimes its hard to see the difference. I choose to stay out for me and to prove to myself and everyone around me that I can do something with my life... tired of being pushed around by this county... but I will grit my teeth and bare it.. I kind of asked multiple q's in this one though... yours was more of a statement with your own questions.. not a clear answer.. thanks anyway.
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Uber Member
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Mar 9, 2013, 11:08 AM
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Put it this way... like you said grit your teeth and bear it... because probation is about proving you can follow the rules they set down.
Give them a reason and you will go back to jail.
Part of it is learning self control... and trust me... walking around with a chip on your shoulder is going to end up getting you in trouble again.
I understand where you are coming from... about being pushed around... fact is... you have to learn that its part of life... and you have to learn to chose your battles carefully... meaning you don't want to fight every perceived slight... but there are legitimate times self defense is justified. I've got much the same personality trait where that is concerned...
They are watching you to see if you play nice with others so to speak.
And every thing in those parole papers you agreed to has been vetted through the legal system and are legal and constitutional.
You didn't have to sign them... and you didn't HAVE to go on parole.. Its a choice you made and agreed to if you see the point I'm trying to get at.
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Uber Member
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Mar 9, 2013, 02:32 PM
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Hello j:
In answer to your question, smoothy is correct. You have as many rights as any prisoner has. That's not NONE, though, and you can stand up. It's a matter of whether you can withstand the blowback.. As you said, they're brutal.
I'd PICK my battles, though, and I wouldn't be challenging them just to be doing it.. If you're not drinking, and you don't fail a test, who cares how easy it is to beat?
excon
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Junior Member
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Mar 9, 2013, 11:16 PM
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 Originally Posted by excon
Hello j:
In answer to your question, smoothy is correct. You have as many rights as any prisoner has. That's not NONE, though, and you can stand up. It's a matter of whether you can withstand the blowback.. As you said, they're brutal.
I'd PICK my battles, though, and I wouldn't be challenging them just to be doing it.. If you're not drinking, and you don't fail a test, who cares how easy it is to beat??
excon
its easy to pass but a doubled edged sword... easy to fail.. anything sets it off, and I for one has ceased gtn inebriated... I know for a fact I ain't drinking, a question I have, if it comes out a false positive... me being on probation, do we have the right to contest it? The right to get a lawyer to fight it?
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Expert
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Mar 10, 2013, 03:48 AM
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You have the right to hire an attoreny to represent you at any hearing to revoke your probation
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