His probation states that he cant gamble nor be in a place where gambling is going on?
2007-11-29 05:03:41 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He violated the terms of his probation, and the judge has the option of revoking it or taking lesser steps.
Logically, I'd suggest that the judge fine the guy $25,000 (if possible) and keep him on probation.
Why? Let's face it, a guy with a guaranteed 50K a year income for the next 19 years probably isn't at risk for significant reoffense. 25K would be an OUCH of a punishment, but he'd have learned his lesson.
2007-11-29 05:39:02 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Win from what? Illegal gambling? Or state run lottery? Does the EXACT restriction prohibit state sponsored games? Many states do not call their games gambling as they are specifically exempted from anti-gambling laws.
Regardless of all that, if he legally won the money, it is his. If he has outstanding fines/restitution/fees they should of course get paid from the money.
The sentence was not likely for x years in prison, x years on probation and we get to take money away from you if you win it.
2007-11-29 13:18:56 · answer #2 · answered by davidmi711 7 · 1⤊ 0⤋
Legally, I think he'll be allowed to keep his money, but be found guilty of parole violation. So he may be spending it from jail. I don't think anyone believes the probation meant to keep him out of 7-11. The ticket is a deal between the state lotto and him, and the probation is a deal between the state justice system and him. I think that the two issues will be ruled on separately.
2007-11-29 13:11:38 · answer #3 · answered by wayfaroutthere 7 · 3⤊ 0⤋
He agreed to the terms of the probation. Why would he be able to rewrite those terms after the fact? He might actually be able to keep the money, but he would clearly have to go back to jail for probation violation.
That he buys lottery tickets and ignores the terms of his parole are both pretty consistent with poor judgment.
2007-11-29 13:08:09 · answer #4 · answered by SDD 7 · 2⤊ 2⤋
Than, no because heis violating his probation by getting involved with money to begin with. No one is going to just arbitrarily win that much money.
Now, if he was smart he would have allowed someone that he really trusted go and claim the prize.
2007-11-29 13:52:06 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Remember when the conservatives used to be against gambling because it was a vice? Now it's an accepted tax on the dumb in almost every state, red and blue. Interesting...
2007-11-29 13:07:56 · answer #6 · answered by Anonymous · 0⤊ 2⤋
No. Just like a convicted felons; they have lost their rights as citizens (voting rights, etc.) This should include a state lottery. He obviously did not follow the rules once, and again he did not follow the rules again. Not to mention he was dumb enough to claim his prize. He did it to himself. The remainder of his checks should be voided but he should not have to give back what he already got.
2007-11-29 13:13:20 · answer #7 · answered by Andres O 2 · 1⤊ 3⤋
with the conditions of his probation, i would say no, but maybe give him the option to donate the winnings to a charity
2007-11-29 13:11:55 · answer #8 · answered by blueman2 5 · 0⤊ 2⤋
The terms of his probabtion were NO GAMBLING.
So no prize for the loser and violate his probation (obviously he is not capable of following any kind of regulations)
2007-11-29 13:09:54 · answer #9 · answered by tnfarmgirl 6 · 4⤊ 2⤋