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Did I violate my probation?

Roseville, CA |

During a bar fight in the parking lot I got mixed up with a huge group and was mistakenly mased (sp?) as the security guard thought I was part of the fight when I was trying to break up the fight. The irony of this is I had just left an AA meeting held a couple doors down from this bar (great meeting spot). I was taken to the hospital to be treated for the pepper spray to my eyes and while there the police made contact with me to find out my side of things. I was not arrested, booked or charged. I was released from the hospital and the police actually gave me a ride home. There is an incident report number on file with the PD, but I want to know if I have to report that to my probation officer or not? The police told me I did nothing wrong. Any helpful advice is appreciated.

Attorney Answers 3

Posted

Basic answer is look at your rules of probation. Chances are that you are required to report any police contact. This does not mean you violated your probation.

Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!

When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.

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Posted

Without knowing what the terms of your probation are it is difficult to answer this question. That said, if you did nothing wrong then there is no harm in keeping your Probation Officer informed, it is likely that you need to report this as there was an incident form completed and you were identified as a witness/participant.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

You do not have to report this to your probation officer. Most local probation reports just require that you obey all laws. I've NEVER seen one that required that you report any contact with police, no matter how minor. Otherwise, you'd have to tell your probation officer everytime you got a traffic ticket. If you didn't get arrested or charged with a crime, you didn't violate the law. If you get arrested and get charged with a crime, then that is a different story and you would definitely have to report that to your probation officer.

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