Can probation be revoked due to hearsay?

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Can probation be revoked due to hearsay?

One stipulation of my probation is that I am not to use alcohol for 1 year. My alcohol assessment stated that I confided to having drank a few days prior to my assessment, but the urinalysis done at the assessment showed negative for use of alcohol. Should I be worried?

Asked on November 1, 2010 under Criminal Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am not sure that you mean to use the word "hearsay" in the manner that you did.  Did you make the statement to the person that wrote it down on the assessment and is that person going to come to testify against you?  Or was it a paper prepared in the ordinary course of business and will it be authenticated?  What you are afraid of is that your probation officer is going to read it and revoke your probation, correct? My conclusion here is that you said it and it was true to cover yourself if the urine analysis came back positive but it came back negative, correct?  It could get you in to trouble here.  I would consult with your attorney to see what your options are.  Good luck. 


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