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Get a lawyer/legal advice. I would think they'd need to have recorded data to validate detaining him otherwise this is fast looking like abuse of power/office. No substance test, no breach of probation conditions during the probation period (this means submitting yourself as per parole agreement for testing depending on the conditions set by the courts), no penalty. End result should be an eligibility of expungement without further conditions.
You need expert legal opinion of the legal position where you are as laws and attitudes could differ greatly in different areas.
Much will depend on whether an overworked court takes the recommendation of the authorities and simply rubber stamps them or whether you have legal representation in court and your story can be heard - if you have a story.
If your disobedience to the order was wilful the court is unlikely to be sympathetic but if a set of circumstances exist that compelled you to be together for the briefest time possible, a good excuse for breaking the order, such as a family emergency, the court is likely to be more sympathetic and the result could be a shorter sentence or even no sentence at all.
For the wilful disobedience of a probation order the judge could possibly rule the probation term be served in jail - again, whether the no contact order was made for a particular reason, to prevent domestic disharmony or criminal activity, and who made the order and whether it was fair and so forth could perhaps be presented as mitigation.
No,they will chew him out and tell him if he doesn't report again,they will revoke his probation.If they were going to arrest him,they would come to the house.
Hi Linda:
With due respect to your sincerity, if you feel you must write such a letter, I would suggest that you do so from your own viewpoint and experience.
There are different opinions, and every circumstance has its own considerations which the Judge is bound by law to evaluate.
I sincerely hope, and have to believe, that the newly appointed Judge is qualified to exercise the requirements of the law.
From your question, I am unclear as to whether you are a probation "officer" (possible mis-spelling) or are seeking probation for a specific person.
In either case, it is important that you communicate your personal opinion to the Judge should you decide to proceed.
Sincerely
your probation officer is telling you the truth , can you possibly try and live with a relative or friend till your term of probation ends , if not you may well be in breach of it and you would be taken back to court and face a possible jail sentance for breaching it with your daughter ending up in care and you having little or no visits from her . its not about fair ........sorry
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