Can my probation be violated because the police found me passed out next to a building? 7 Answers as of June 09, 2011

I was passed out next to a building and the police were called cause someone saw me and thought I was dead. I was drinking, but the police never breathalyzed me and they just brought me home. Today my parole officer came to my home to do a home visit and never said anything to me about it. The police did take my ID and I'm assuming he ran my name to see if I had any warrants which I don't. Should I be worried there was an empty beer can next to me when they woke me up? Is this a violation of my parole?

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
A probation violation may be brought in the discretion of the probation officer if the incident violated a term of your sentence. If you were placed on probation and one of the conditions was no drinking, then the incident you describe could result in a PV. Without a breathalyzer or urine test, the proof would be limited to testimony. A beer can next to you and you being passed out and the smell of alcohol are all circumstantial evidence of drinking I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/9/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
I don't know your specific probation conditions, but it shouldn't be a violation unless there is evidence that you committed a crime or consumed alcohol or drugs. Even though the burden is lower at a PV hearing than at trial, they will still need some proof. That doesn't sound like nearly enough evidence from what you had said. You can consult an experienced criminal lawyer and go over the details for a more accurate evaluation. Jared C. Austin, Attorney-at-Law CONFIDENTIALITY NOTE: The Information contained in this electronic message is legally privileged and confidential information intended only for the individual or entity named as recipient. If the reader is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this electronic message is strictly prohibited. If you have received this electronic message in error, please notify the sender immediately by return electronic message and immediately delete this message from your system. Thank you.
Answer Applies to: Michigan
Replied: 6/8/2011
Attorneys of Michigan, PLLC
Attorneys of Michigan, PLLC | Daniel Hajji
Many of those on parole have a conditions not to drink or have any alcohol/drugs in their home, so the simple answer is yes. Your parole officer can violate you if they found alcohol in your house.
Answer Applies to: Michigan
Replied: 6/8/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
If the conditions of your probation/parole include a no use of alcohol condition, then if you were drinking, you could be violated. Whether you are violated will be up to your probation officer.
Answer Applies to: Michigan
Replied: 6/8/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
It could be a violation of your parole. Hiring the right attorney means everything in your situation. If you have further questions, call me or visit my website for more information.
Answer Applies to: Michigan
Replied: 6/8/2011
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