Does he have a case that would allowhis probation to be continued? Can they revoke him simply on suspicion?

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Does he have a case that would allowhis probation to be continued? Can they revoke him simply on suspicion?

My boyfriend recieved a probation citation from his PO, because an officer reported he appeared to have been drinkng, after I swerved on a gravel road and wrecked my car at 3 am into a ditch. I was not legally intoxicated and he was not given any sub. tests. The judge changed the citation to a violation and put out a warrant. Can they revoke him simply on suspicion? I mean it’s not a stipulation to be out late and they don’t have proof he was drinking. Just an officer who says he appeared to be.

Asked on May 6, 2009 under Criminal Law, Missouri

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

People on probation do not have the same rights as people who haven't been convicted of anything.  In most states, probation violation can be charged on reasonable suspicion.  Here, the police officer's sworn statement was enough to support the charge, if your boyfriend's probation terms say he can't be drunk.

Your boyfriend has the right to a hearing, and he has the right to have a lawyer with him at the hearing.  It's a very good idea.  One place you can find a professional is http://attorneypages.com


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