Leaving the State for 16 Minutes

My question involves criminal law for the state of: Massachusetts

I have a quick question regarding a probation violation for leaving the state.

I was recently out with my gf and I wanted to bring her home but I knew I couldn't because of probation (she lives in CT). I am also currently on GPS for a domestic case that happened in 2009...I have not had any issues, no new cases, all my fees are paid up to date, couseling, etc.

We were at the state line my gps said "you are on the border stay in state". OK no problem...gf tried to call for a ride no luck...mind you she lives 8min away from the MA border into CT. So I did the "responsible" thing and called the Electronic Monitoring I told them that my gf was with me... would it be OK for me to bring her home? their response was, "people on probation are not allowed to leave the state".... I told them her house was 8 mins away...they said "hurry up" end of conversation. I had the phone on speaker my gf heared this conversation as well.

So today I got a phone call from my PO saying he just recieved a fax today 12/29 that I was out of state on 12/23 and he is going to violate my probation and saying that "this is going to cost you". He stated he doesen't care who I talked to...end of story... he said expect a summons...

So my question is am I violated? I thought I spoke with a person who would have authority for me to leave the state for 16min. (electronic monitoring)

Am I in big trouble here? I have an atty. I am just looking at what could happen...Am I right or am I wrong?

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OnProbation;580963]

So my question is am I violated?

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that's up to your PO and the courts. It sounds like you are going to be violated though.

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I thought I spoke with a person who would have authority for me to leave the state for 16min. (electronic monitoring)

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So, you called your PO? Where did you say that in your story. Yes, that's right. Your PO is the only person with the authority to allow the trip into the other state. The people monitoring your monitor are simply monitoring your monitor or are there to facilitate a solution should there be a problem with your monitor.

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Am I in big trouble here?

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Don't know. Don't know what your original charge is and what penalty you faced but was given probation instead.

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I have an atty.

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I would suggest calling him.

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I am just looking at what could happen...Am I right or am I wrong?

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You are wrong.

You should have called a taxi.

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So, you called your PO? Where did you say that in your story. Yes, that's right. Your PO is the only person with the authority to allow the trip into the other state. The people monitoring your monitor are simply monitoring your monitor or are there to facilitate a solution should there be a problem with your monitor.

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Thanks for the reply.

No I didn't call my PO...I spoke with Electronic monitoring thinking they had authority...Well I know now they don't...but I tried telling my PO what they said...and he dosen't want to hear it...so that leaves me with the arguement with Electronic Monitoring...why would they tell me to go and hurry up? Just to violate me? Kinda crazy...

I already contacted my atty...just waiting for the summons...

The electronic monitoring company is not the one violating you.

It is a long shot to use the reasoning that because the GPS monitor ok'd you going out of range for a bit, you though it would be ok. Your PO is your monitor. It is his ass that is on the line if you do something stupid while he monitors your case. It's too little, too late now, but never do anything that violates the conditions of probation unless it is with the consent of the court or your monitoring agency.

Even if they said "Hurry up", they had already told you "people on probation are not allowed to leave the state". Leaving aside the issue of their not being empowered to grant permission for you to leave the state, I expect that there's a bit more to the conversation than you described and that you're reading too much into the "hurry up" statement when you contend it implied permission to leave the state.

You claim that you have no history that would inspire this probation officer to come down hard on you for a first violation, but I suspect there's more to the story; you should be discussing your situation with your lawyer.

You were not fast enough ... busted

It's up to your lawyer to argue on your behave and see if he can keep you on probation,once the po decides to violate you they're no use in arguing.

Once you are on probation...you know your rules. I am sure they explained that the minute they placed the GPS on you.

And you knew your rules. Quote: "but I knew I couldn't because of probation"

"We were at the state line my gps said "you are on the border stay in state"

So you still left....

Yes, you violated probation. Next time...have better plans in advance for a ride home for your g/f.