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  1. #1
    Join Date
    Dec 2012
    Posts
    2

    Default Can a Probation Officer Order You to Stay at Home

    My question involves criminal law for the state of: Wisconsin. I am wondering while on probation for failure to protect, can a probation officer order me to be at home without leaving for any reason from 10pm on the 30th until 8am on the 2nd! That is over 48 hours that I have been ordered to stay at home for NEW YEARS!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Probation Officer

    Do you feel lucky? If so, and you want to push the issue, then by all means go out. You can always try to speak to the PO's supervisor, but if that person is not available today or tomorrow, then you are out of luck and you will just have to take your chances.

    In general, PO's can establish reasonable curfews. Whether this would be seen by a court as reasonable or not is a question I cannot answer. But, if you test it, you might find yourself arrested and then sitting behind bars serving your sentence while you try and challenge it. Remember, Probation is what you get IN LIEU OF JAIL TIME. If you had not been granted probation, you would be in jail right now and would be incarcerated for far more than that 48 hours.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can a Probation Officer

    In short, yes. It depends on the type of probation you have been placed on. It can depend on the powers intilled in each agency. It depends on the conditions already in place on your order. It's a bunch of stuff to choose from. PO's have that latitude to instruct you on your comings and goings. It's part of being monitored.

  4. #4
    Join Date
    Dec 2012
    Posts
    2

    Default Re: Can a Probation Officer

    Quote Quoting viol8te
    View Post
    In short, yes. It depends on the type of probation you have been placed on. It can depend on the powers intilled in each agency. It depends on the conditions already in place on your order. It's a bunch of stuff to choose from. PO's have that latitude to instruct you on your comings and goings. It's part of being monitored.
    I just found it strange this is my third year out here on probation I am in my final 3 months of probation... and just finding it strange that this is the first year I was told that i couldnt leave my home, then i am positive my po said after ten pm new years eve i then this morning looked at papers at it was ten pm last night! I am also on GPS bracelet all of a sudden for last 4 months he told me that it was standard, I am not sure. I know no matter what do to my crime I cannot get extended or anything past march of 2013 due to time served not exceeding 10 years!

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can a Probation Officer

    You don't get extended, but street time is not counted as custody. You still have 3 years remaining on a 10 year sentence. I wouldn't risk it.

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