Is it a felony to drink while on parole?

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Is it a felony to drink while on parole?

I transfered my parole to ID from UT. My parole conditions in UT said I didn’t have any restrictions against drinking but in ID if you are on felony parole you can not drink. If I drink and I got caught, is it considered a felony or just a parole violation?

Asked on October 21, 2010 under Criminal Law, Idaho

Answers:

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

Answered 10 years ago | Contributor

I think that the person you should be asking this question of is your parole officer.  This may even be a question of conflict of law that needs to be determined by those in charge, i.e., the courts.  I would not do anything, however, that could cause you to appear to violate your parole under either state's law until you can get a definite answer.  Your PO is required to abide by the laws in his state and the laws conflict with the laws of the state that set your conditions of parole.  You will be the one who is stuck in the middle and has to pay the price.  So seek help from an attorney in your area.  Good luck.


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