QUESTION

If I was booked and not charged for drunk in public is it a probation violation?

Asked on May 26th, 2011 on Criminal Law - California
More details to this question:
I am in California; my question is if I was booked and not charged for drunk in public is it a probation violation?
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Answered on Jun 10th, 2013 at 10:53 PM
Yes.

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Answered on May 31st, 2011 at 1:23 PM
If you are on probation from a prior conviction, then a new conviction would be a PV, an arrest would generally not be. Youll get the real answer if the court or probation dept files violation charges. If so, feel free to contact me for defense.

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Answered on May 31st, 2011 at 11:00 AM
Typically the first term of probation is to be of good conduct and obey all laws. It can, and has been many times in the past, successfully argued that someone on probation violated their probation even though they were never actually charged with a crime. Getting intoxicated in public usually is not considered good conduct, even if the intoxicated person is not charged with the crime of drunk in public.

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Answered on May 27th, 2011 at 4:54 PM
It is a violation if in fact you were actually Drunk in Public ( regardless whether you were charged.) A good lawyer can probably prevent a Probation violation.

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Jeff Fengcheng Yeh
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Answered on May 27th, 2011 at 4:30 PM
It could be. Being arrested or cited alone is enough.

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Answered on May 27th, 2011 at 1:53 PM
Maybe - it is up to the court whether they want to set a probation violation hearing. There can be conduct that is a violation of probation even if it does not rise to the level of a chargeable crime. This happens because the standard of law is different for a PV and a new case. A probationer may have additional conditions of probation such as no alcohol usage. In that case any use of alcohol would not be a crime, but would still violate probation.

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Answered on May 27th, 2011 at 1:51 PM
Please understand that the police do not file charges, the district attorney does. Police either detain or arrest individuals. If that individual is arrested the police report is forwarded to the DA's office for review. If you were not cited and were just detained it is unlikely that the court will become aware of the probation violation. However understand that any new law violation can be a potential probation violation. If you are on probation you should be more careful.

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