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Is it legal for my probation officer to give me house arrest for disrespecting my mom .?

Albuquerque, NM |

on my probation contract it says I have to obey my parent guardian is that violating my contract and a reason to get house arrest

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Attorney answers 3


Typically all requirements of your probation must be strictly followed and if they're not, certain sanctions can usually be imposed. However, there's certainly questions like: was house arrest necessary? were you notified that house arrest could be the result of breaching your probation contract? did you get to explain your side of what happened when they say you were disobeying? was there a hearing and did you have a lawyer when that was decided? what happened and how long are they trying to keep you on house arrest? sometimes the probation officers are really just looking out for your own best interest and your own safety, do you think that could apply here?


I essentially agree with counsel above. We need more information to answer this question. In particular, we would need to know what you did exactly, whether you were told house arrest might be imposed if your violated the terms of your probation, whether there was a hearing on the violation and, if so, what was said at the hearing. It is certainly possible for such a sanction to be legal. Probation generally allows the court to impose whatever conditions are deemed appropriate including disabling you from conduct which would be lawful, if you were not on probation. You don't have to break the law to be sanctioned.

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As I advise my juvenile clients, when you are on probation you are under strict scrutiny and you are watched very closely. So, yets your probation officer can give you house arrest for whatever rules you break whether it be in your home on in public. Keep in mind that your probation officer is trying to teach you so that you don't find yourself in the Adult court system when you are 18 years old.