Whether you have been convicted of a misdemeanor or a felony in San Diego you could receive time in jail or in a state prison. Even minor crimes could result in jail time, though they rarely do. More often, a defendant convicted of a misdemeanor and even some felonies is sentenced to a suspended sentence and probation. To ensure that you do not violate your probation if you have been placed on probation in San Diego it is crucial that you understand each and every term, including any terms that relate to the consumption of alcohol.
Probation is usually ordered following a short term of incarceration or in lieu of incarceration. It helps to remember that probation is a privilege, not a right. In most cases you will have a suspended sentence hanging over your head during the length of your probation, meaning that you could to jail if you violate your probation. A firm grasp of the terms of your probation is necessary to avoid a violation. Not only do you need to know what the special conditions of your probation are but you also need to know what the general conditions of probation in San Diego are.
While on probation you give up a number of rights that you would otherwise have. For example, for the duration of your probation you agree to allow your house and your person to be searched at any time. One question that many probationers ask is “Can I drink alcohol while on probation?” The answer depends on the terms the court set in your case; however, if you are under the drinking age it doesn’t matter if the court specifically forbade you to consume alcohol as doing so would be a crime which you are forbidden to do while on probation. Abstaining from alcohol and drugs is also a frequent condition when the underlying conviction included alcohol or drugs or when a substance abuse problem was uncovered during the litigation of the case. In domestic violence cases, for instance, if you (of the victim) alleged that drugs and/or alcohol was involved in the underlying offense it is likely you will be prohibited from drinking while on probation. In other situations, however, the court may not have specifically addressed the issue of alcohol when ordering you to serve a period of time on probation.
The key is to have a clear understanding of what is expected of you, and what is prohibited, according to the terms of your probation. To ensure that you fully understand, sit down and go over all your court documents with your California criminal defense attorney immediately after being sentenced.
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