probation violation?

What is the name of your state (only U.S. law)? Tennessee

I live in Tennessee and recieved an underage consumption charge in December. I was placed on probation for a year, and am currently on unsupervised probation until my charge is expunged in december.

I just received a charge for possesion of paraphernalia from the campus police at the university of wisconsin at whitewater. I paid a fee and was given a nonmandatory court date. (In August

Will this charge affect my probation?
If so, what will that result in?
If so, if I move my court date to december, after the expungement, will it still affect it?
Does the fact that it was a campus charge make it any less serious?

Thank you

snapple47 said:

Will this charge affect my probation?

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It certainly could.

If so, what will that result in?

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We can't predict the future.

You could be charged with the full penalty related to the original charge plus an additional penalty for the PV. If you had worked out a deal to keep this off your permanent record, that could also be flushed.

If so, if I move my court date to december, after the expungement, will it still affect it?

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You should tell your probation officer and/or the court immediately. Trying to game the system NEVER works out well.

Does the fact that it was a campus charge make it any less serious?

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Nope... especially for a charge that is so closely related.

+1 what CYJeff said. I would add that you shouldn't admit to anything, especially in August, before the probation case is taken care of. If you have a difficult probation officer who isn't willing to work with you, you may have to fight the surrender hearing. If it comes down to that, you'll want to give yourself a fighting chance.

There's a really fine line between being open and honest with your probation officer and putting yourself in an indefensible position.

AttyHelinski said:

+1 what CYJeff said. I would add that you shouldn't admit to anything, especially in August, before the probation case is taken care of. If you have a difficult probation officer who isn't willing to work with you, you may have to fight the surrender hearing. If it comes down to that, you'll want to give yourself a fighting chance.

There's a really fine line between being open and honest with your probation officer and putting yourself in an indefensible position.

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The OP doesn't have a PO, he is on unsupervised probation. Regardless, your advice is grossly irresponsible and would land the OP in more trouble than he is already in. The first thing he would do when reporting to a PO is fill out a monthly report. In this report he would need to disclose if he has had any contact with the police at all. Where is you fine line at that point?

Update.

I've contacted a lawyer for consultation. He said that my probation would probably be unaffected and that the paraphernalia charge may just disappear and to call the Wisconsin University police to ask. I did so and the sergeant told me that they did not report it as a misdemeanor or a felony, and that my record would be unaffected, and therefore, it will not affect my probation.

Also, I did have a PO, but I completed my probationary services and was placed on unsupervised.

Sounds great-- in case it happens again, never tell campus police that you're on probation. They may call the probation office to report it.

snapple47 said:

Update.

I've contacted a lawyer for consultation. He said that my probation would probably be unaffected and that the paraphernalia charge may just disappear and to call the Wisconsin University police to ask. I did so and the sergeant told me that they did not report it as a misdemeanor or a felony, and that my record would be unaffected, and therefore, it will not affect my probation.

Also, I did have a PO, but I completed my probationary services and was placed on unsupervised.

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We have a saying in this forum, "Never take legal advice from the police."