$1 million lottery ticket unlucky for winner

guess why...

[walkman]

"BOSTON - The winner of a $1 million lottery scratch ticket may not be so lucky after all: He's a convicted bank robber who isn't supposed to gamble...
Under terms of his probation, he "may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played."

[msnbc.msn.com...]

[LifeinAsia]

Do they REALLY need a hearing to see if he broke the terms of his probabtion? The terms were pretty explicit: "... not buy a lottery ticket..."

So he obviously broke his probabtion and should face the appropriate penalty.

In regards to whether he should be able to keep the winnings, I think he should. Although buying the ticket was in violation of his parole, he otherwise didn't gain the ticket illegally (e.g., stealing it or forging a ticket). So I think th elottery commission could have a lawsuit on their hands if they try to withhold any of his payments.

[jecasc]

What kind of stupid probation is that? What has robbing a bank to do with purchasing a lottery ticket in the supermarktet?

[lawman]

There is no guilt or innocense in a probation revocation hearing. The probation officer must prove that the violation was willful. Rather than "proof beyond a reasonable doubt", the burden of proof is "preponderance of the evidence" - like in a civil case.

BTW, that's what's called a 'technical" violation; i.e. a violation of a condition of probation. A "substantive" violation is when a new criminal offense is comnmitted. Just thought you'd like to know. :)

[lgn1]

If I was the Judge, my concern would be the likelyhood of a repeat offence (robbery that is), or being a danger to society.

If he keeps his winnings, then the chance that he would commit a criminal act is very slim.

However taking a millions dollar lottery winning away from a normal honest sane person, is almost enough to push that person over the edge.

Imagine what it would do to a reform criminal.

My sentence, would be to order him to attend several finanical management semminars, and a court order that 20% of his winnings would go into a lock in retirement vehicle.

The money he got, was not from the proceeds of a crime, and he would have no trouble getting a lawyer to win this case for him.

[walkman]

If you wake up on the wrong side of the bed, you probably have violated your probation :)

[rj87uk]

>> If you wake up on the wrong side of the bed, you probably have violated your probation

Only if theres a dead person next to you and your covered in blood... lol!

[vincevincevince]

I guess the logic here is that gambling shows a continued obsession with easy ways to make money and a failure to commit to earning things the long way. I'm sure there are some victims of crime who can use this money...

[LifeinAsia]

The probation officer must prove that the violation was willful.

"Honest, judge, this guy forced me to walk into the supermarket and buy myself a lottery ticket. He threatened to kill my wife if I didn't!" :)

[edited by: LifeinAsia at 4:52 pm (utc) on Nov. 30, 2007]

[rocknbil]

lawman, aren't probate convicts still convicts, and do not have rights until their probation has passed? In which case it doesn't matter, the laws and rules that govern the decision aren't the same as for the rest of us.

Yeah this is a tough one IMO, I think he should be allowed to keep it, it might turn his life around. Although most criminals are willfully criminal, it's important to remember that some do just turn to crime out of desperation and really can be reformed. Whether or not this is one of those people, who knows.

[lgn1]

Under terms of his probation, he "may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played."

Everyplace I go up here in Canada, supermarket, corner store, farmers market, they sell lottery tickets. I imagine its the same way in the states.

This person would die of starvation, if he had to follow the probation order to the letter.

[lawman]

"Honest, judge, this guy forced me to walk into the supermarket and buy myself a lottery ticket. He threatened to kill my wife if I didn't!"

Poof, you're a lawyer. ;)

lawman, aren't probate convicts still convicts, and do not have rights until their probation has passed?

I can think of a whole bunch of rights that convicted person's have. What rights are you talking about?

BTW, all of my legal knowledge regarding this issue pertains to the State of Georgia (USA :))

[rocknbil]

'S why I asked, somewhere along the line I gathered that when convicted of a felony you lose most constitutional rights, and this extends into probation periods. It would matter if it were true.

[lawman]

Convicted felons in Georgia cannot possess guns. They cannot vote until all incarceration/parole/probation is served. Then they can have that right restored. Sex offenders were prohibited from living in certain places, but just recently the State Supreme Court ruled that law unconstitutional. A felony conviction could keep a person from certain jobs such as child care providers and (gasp) even obtaining a license to practice law. That's usually up to the licensing board.

[DXL]

A friend of mine had been convicted of armed robbery and did 10 years in prison. After his release, he eventually became a millionaire. Time passed, and in one day he gambled away everything he owned. Afterwards, he immediately robbed a business for a few thousand dollars. Due to the nature of the other crimes he committed during and after the robbery, he's going to spend the rest of his life in prison.

I don't know if convicted criminals should lose the right to gamble, but I know firsthand that gambling eventually led him to revert to his old ways.

[walkman]

here is a parole violation in the news:

"The Hillsborough County Sheriff's Office says she was in violation of Condition 69 of her probation, which states she cannot discuss "Non-work related issues such as family problems, friends, high school, personal life, boyfriend issues and sexual issues" with minors.[/i]"

Oh, and she was a woman talking to a girl who will turn 18 this January. The taxpayers might have an answer about the budget deficits that keep creeping up every year ;)

[tampabays10.com...]

[8kobe]

What kind of stupid probation is that? What has robbing a bank to do with purchasing a lottery ticket in the supermarktet?

Most likely he robbed the bank to pay gambling debts. That would make sense.