Can I get my probation violated if someone sends photos of me drinking to my PO?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get my probation violated if someone sends photos of me drinking to my PO?
I am on probation for DUI and someone has threatened to send photos of me drinking to my PO and I am under a no drink clause with my probation.
Asked on September 4, 2011 under Criminal Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your question, unfortunately, answers itself--legally, if your probation has a no drink clause, then if you are photographed drinking, you will have violated your probation. Factually, if there photos have been faked or modified, or if it is unclear who is in the photo or what they are drinking, it may be possible to avoid the violation, if your PO can be convinced that it was not you drinking; however, if the PO accepts the photographs as evidence of your drinking, then you would be in violation of your probation. You may wish to consider whether you would be better served by admitting to the violation and asking for a second chance (and help, as appropriate), rather than by waiting until the photos are sent to your PO. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.