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Is Public Intoxication a probation violation

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kcompton77

Junior Member
I live in California. I am on informal probation for 48 months. 36 months has already passsed. Last Friday I was arrested for walking home intoxicated. My ticket only shows the intoxication charge, the officer did not write me up for probation violation, and he said that it would not affect me. However, I am frightened that I will have a violation and go to jail. All while I'm in a huge custody case.... I feel very ashamed, this is not like me as I barely drink, and if I go to jail I'll loose my daughter for sure...... I need to know if this will be note as a violation even if it is not on my ticket and summons to go to court.....
Yes I know I'm stupid and a horrible mother for not thinking about the consequences of drinking so much that night,,,,,,
 


FlyingRon

Senior Member
That would depend on your probation conditions, but usually these include committing no further crimes and as well not drinking to excess, both of which you appear to have violated.
 

xylene

Senior Member
What are you on 4 years on probation for? Its definitely relevant so I'm not sure why you omitted that.

The bottom line is you were charged with a crime while under the supervision of the courts.

You also have other mitigating factors (a custody case).

You need to consult with a lawyer immediately, and especially before appearing in court or talking to the police and or those in charge of your probation.
 

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