If I was booked and not charged for drunk in public is it a probation violation? 10 Answers as of June 10, 2013

I am in California; my question is if I was booked and not charged for drunk in public is it a probation violation?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you are on probation from a prior conviction, then a new conviction would be a PV, an arrest would generally not be. Youll get the real answer if the court or probation dept files violation charges. If so, feel free to contact me for defense.
Answer Applies to: California
Replied: 5/31/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Your probation can be violated even if you are not convicted or even arrested of a new offense. The probation officer would have to prove however that you committed a violation of law by bringing in the officer or other evidence to court. The mere fact that you were booked does not prove that you were in fact drunk.
Answer Applies to: California
Replied: 5/31/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Typically the first term of probation is to be of good conduct and obey all laws. It can, and has been many times in the past, successfully argued that someone on probation violated their probation even though they were never actually charged with a crime. Getting intoxicated in public usually is not considered good conduct, even if the intoxicated person is not charged with the crime of drunk in public.
Answer Applies to: California
Replied: 5/31/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It is a violation if in fact you were actually Drunk in Public ( regardless whether you were charged.) A good lawyer can probably prevent a Probation violation.
Answer Applies to: California
Replied: 5/27/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It could be. Being arrested or cited alone is enough.
Answer Applies to: California
Replied: 5/27/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Technically you are supposed to stay law abiding as a condition of probation. But without charges being filed there's a good chance you will skate on this.
    Answer Applies to: California
    Replied: 5/27/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    It could be. I would need additional facts in order to say one way or the other.
    Answer Applies to: California
    Replied: 5/27/2011
    The English Law Firm
    The English Law Firm | Robert English
    Maybe - it is up to the court whether they want to set a probation violation hearing. There can be conduct that is a violation of probation even if it does not rise to the level of a chargeable crime. This happens because the standard of law is different for a PV and a new case. A probationer may have additional conditions of probation such as no alcohol usage. In that case any use of alcohol would not be a crime, but would still violate probation.
    Answer Applies to: California
    Replied: 5/27/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes.
    Answer Applies to: California
    Replied: 6/10/2013
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Please understand that the police do not file charges, the district attorney does. Police either detain or arrest individuals. If that individual is arrested the police report is forwarded to the DA's office for review. If you were not cited and were just detained it is unlikely that the court will become aware of the probation violation. However understand that any new law violation can be a potential probation violation. If you are on probation you should be more careful.
    Answer Applies to: California
    Replied: 5/27/2011
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