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Could I be violated for consuming alcohol while on federal probation ?

New York, NY |

I was sentenced and convicted to 30 months in prison for a conspiracy charge of intention to distribute drugs. I served my time and i'm now on supervised release (fed probation). I do not indulge drugs and I have never given any dirty urines in the 5 months i've been on probation.

Attorney Answers 3

  1. If one of your conditions is no consumption of drugs or alcohol then potentially you can be violated but more likely you will receive a warning.

    The advice I have given does not bind the parties in any manner and is merely given as a courtesy.

  2. If a term of probation is no drinking you can be violated.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. The other gentlemen have given you good advice. You could also check with your PO if you have any questions about what is allowed so that there is no misunderstanding.

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