Prohibiting drug offense probationers from associating with individuals known or reasonably assumed to be drug users has been upheld as a valid probation condition.
Yesterday, in the case of People v. Mendez, the California Court of Appeal for the Sixth District ruled that a probation condition that prohibits an adult convicted of possessing a controlled substance from associating with people that he knows or “reasonably should know” are drug users, probationers, or parolees is a valid probation condition.
This language from the court’s opinion means the probationer will be held to the standard of a “reasonable person” and cannot turn a “blind eye” to a situation where it is clear that drugs are being used or people who are under the influence of drugs are present. If you are on probation for a drug offense and find yourself in such a situation, you need to get away immediately. If you don’t leave, and you are arrested, the Mendez case states that you can be found in violation of your probation and sent to jail.
The court held that “willful ignorance of warning signs” will not be rewarded by the conclusion that a probation condition was not violated.
If you have any questions about this case and how it might affect your probation and your conduct, contact Chambers Law Firm for more information.
