Probation searched my apartment this morning and found empty cans of alcohol in a cabinet. I said I didn't know they were there when they asked me who's alcohol it was. I live with my girlfriend and 3 kids. Probation officer took pics but did not arrest me or say that I'm in violation, they just left after talking about a lot of things. I did 10 months in a program for alcohol abuse after I got into a bar fight. It is strict rule for me not to drink while on probation. I was surprised when they left and didn't arrest me, but just thinking about how they took pictures has me thinking they will come back to arrest me. I was goig to work and the kids were in the house so I'm thinking maybe she just didn't have the heart.
We don't know what your PO will do any more than you do. If she didn't "have the heart" you are one lucky guy. If that's the case, you could repay her kindness by starting in on regular AA meetings, and keeping your attendance records - regardless whose cans they were. (And who keeps empty beer cans in a cupboard anyway?)
You need to be real honest with yourself about what you are doing and the environment in which you are residing.
Could go either way. This isn't really a legal question. Can they arrest you? Yes. Will they? No one can say. The fact that they didn't take you in right there bodes well. It is also possible that the evidence shows something other than a violation by you.
Anything is possible, but in my experience if they wanted to arrest you, the would have arrested you. The judge will decide now, assuming they file a formal violation. Follow Ms. Gutekunst's advice and start attending AA if not more. Be prepared to show the court how you are dealing the perceived alcohol problem. Might be a good idea to contact your attorney as well.
San Diego Criminal Defense Attorney--20 years experience--Free Consultations
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