Asked in DUI / DWI and Constitutional Law for Idaho

Q: Does being put on probation before a conviction infringe on my 14th amendment right?

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1 Lawyer Answer

Kevin M Rogers

Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Not automatically. If you’re a citizen of the United States you won’t give up the 14th Amendment rights you have simply by being convicted of a felony. However, to be certain that you haven’t been “required” to give up your 4th Amendment rights, particularly for drug crimes, by the court that sentenced you. Even though you wouldn’t necessarily give up ANY rights by virtue of being convicted, a court can require you to waive your 4th A rights in order to get probation, as opposed to prison.

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