I'm on probation for a DWI, there was a cop at my house that asked if I was drinking, and I said that I had drank half of a beer. He said he was going to contact my probation officer, but he'd let me do it first. Will he actually contact her? And without a breathalizer done, is there even any evidence of it taking place? It would be my world against histhough his holds more weight
Yes, a cop's word would be considered evidence in court. As with all things in the court system, there are restrictions, exceptions, and exemptions on that evidence. If you believe you might be facing a probation violation, I would suggest you contact a criminal defense attorney that works on probation violations.
If you are on probation for DWI and a police officer thinks you have been drinking because you told him you had been drinking, then it is likely that he meant it when he said he would speak with your probation officer. If there were a probation violation hearing, you would have to tell the court both that you werent drinking and never told the officer that you had been; that is tantamount to calling the office a liar which usually doesnt go over well with a judge (absent actual proof that the officer is in fact lying).
It is in your best interests to speak with your attorney as soon as possible.
Yes, anyone's word is evidence. How good the evidence is rests on the credibility of the person. Judges, probation revocation examiners, and juries often give inordinate weight to the testimony of police officers. The officer is likely to report it to your PO and less evidence is required to revoke your probation than would be required to convict you of a crime.
You want a skilled criminal defense lawyer. Not every violation results in revocation of probation. A drinking violation is going to be taken more seriously on a DWI probation than it would be on a theft probation, though.
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.
In short, you should be talking in person to a criminal defense lawyer, now, rather than posting online.
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