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Can the state of MN say I can't drink on parole or probation? Isn't this a direct conflict to my constitutional rights?
Anonymous5 views3 answers
In 1994 I was convicted of murder in a clear self defense case. I served 17 years and am now on supervised release. In prison I could not drink or smoke cigarettes. But when people are released he/she can smoke cigarettes again if they want. I was not drunk when I defended myself. Furthermore while in prison it was determined by professional addiction counselors that I did not have drinking or drug problems. For prohibition to be part of my release is ridiculous. The judge sentenced me to serve the time. Did not mention drinking. The state can not enact prohibition on a class of people just because they have served time..
Thomas C GallagherCriminal Defense AttorneyMinneapolis, MN ·
Conditions of probation or of parole are in forbearance of prison time. In Minnesota a person on probation has the legal right to an executed prison sentence, rather probation and its conditions. Few people make that choice, as one might expect - but some have. The court can impose reasonable conditions of probation, or a stayed sentence. Conditional release or parole, however, is different in that the court no longer has immediate jurisdiction - rather the Commissioner (Department) of Corrections does. Conditional release or parole is a matter of administrative law under the Rules governing the Dpeartment of Corrections. But, you should be able to challenge the reasoanbleness of any conditions within those rules. Best to do it with the help of your lawyer.
The court and the probation office can set rules for you to follow while you are on release. You can ask to change the rules, by talking to the probation officer, or making a motion to the court. But if you violate the rules you are required to follow by being on supervised release from prison, then the court can send you back to prison for the entire period of your supervised release. Once you have been convicted of the crime, it is not a Constitutional question, it is only a question of whether or not the court believes the rules of supervised release are reasonable.
