There are numerous ways in which probation can be violated. Here I will focus on drunk public, probation violation California laws. Probation violation does not necessarily have to involve facing charges or being convicted by a court of law but it is about breaking any law with the knowledge of his or her probation officer. The very first probation term is to obey all laws at all times. In California a police officer doesn’t have to test the blood alcohol content of a person on probation, all he needs is to have minimum proof of drunkenness. He can argue out that you showed all the signs of a drunkard in public and that will be sufficient to reverse your probation.f
If you drink while on probation and you get caught you could very easily go back to jail because probation is handed in lieu of jail time as long as good behavior is practiced which entails observing all laws. The period you were out on probation for can very easily be turned to jail time, for example if you were out on probation for 2 years and you violate your probation, you can very easily be jailed for 2 years. If it was a formal probation your probation officer probably would be a major decision maker when it comes to whether you will go back to jail or not. In the event of an informal probation then the probation office will have an agent of the day to handle informal probation cases who will have a say on whether you will go back to jail or not. If you violate your probation by public drunken behavior and you have multiple priors you will go back to jail with the possibility of new charges being added against you.
A point of clarification, under the laws and regulation of the state of California being intoxicated in public is not an offence but being drunk to an extend of disturbing the peace and quiet of other citizens, blocking their paths or sprawling on the floors and corridors of public places is an offence. It also involves being intoxicated to a point of not caring for others and even yourself; in addition to being intoxicated to levels where by you put yourself and others at risk. If you are convicted more than twice of the same misdemeanor that involves drunken behavior in public and a jury finds you guilty of at least one of the two charges, probation may be foregone but you will have to face time in a rehabilitation center and alcohol treatment for a period of up to 60 days. This is actually non-negotiable.
It is advisable to try your level best to avoid violating probation as it may have drastic aftermaths. In the event of violating probation it is also wise to call an attorney if you can afford one. He or she may know what loopholes and grey areas are there to manipulate and possibly save you from going back to jail.
About Guest Post Author:
If you need legal help for your probation violation, you can consider the service of Christopher J McCann who is DUI attorney in California. You can visit his website at cjmdefense.com to see his services and you can follow him on twitter at @CJM_Law_Firm to receive latest updates about drunk driving laws information.