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Must a probation officer inform a person of probationary rules in order to be charge with probation violation.

Cleveland, OH |

I have been charged with a dui and pled guilty, but have not received sentencing yet. I went to see a p.o. imediatly after court and had to go for a alcohol and drug evaluation a few weeks later. I drank one time after the I pled guilty and told this to the Dr. who evaluated me. Does this constitute a probation violation, if I was never told any restrictions that I had to follow, more specifically that I could not drink? Or since I have not been sentenced as of yet?

I also want to add that when I went for my first court appearance the court was unable to locate my case file. Would this be grounds for the case being thrown out, even if I have plead guilty to a case that can't be found?

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Attorney answers 1


The clerk's office has a copy of your ticket, so no, your case won't be thrown out because they couldn't find the file on your first court appearance. The judge sets the conditions of probation, so the judge is responsible to tell you what you must or must not do while you are on probation. Whether having a drink one time that you told the doctor who evaluated you constitutes a probation violation will be determined by the judge. Obviously, if you didn't know you couldn't drink you should definitely tell the judge you didn't know what the conditions of probation were.