Saying he wasn't willing to eliminate someone's probation before it even started, Judge Dave Gamble warned Jerrett L. McAlister that failing a treatment program was a mark against probation.
McAlister was the driver in a fatal accident two years ago. Parole officials wanted to revoke his probation before he was released from jail.
Gamble said he was concerned that revoking someone's probation before they were ever released on it would be a waste of time.
McAlister admitted he was dropped from an inpatient drug program for breaking the rules, specifically he took a dip of tobacco and then lied to a counselor about what was in his mouth.
"Mr. McAlister, probation means to prove," Gamble said. "It means to prove you don't need to go to prison. If when confronted you had said you took the tobacco and didn't realize it, even if you were kicked out you wouldn't be here. If you'd just owned up to anything you've done over the last five years, there would be no consequences to this. Once you're out the slightest violation is going to send you to prison."
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