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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27422
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My girlfriend is on supervision probation and her po said

Customer Question

Hey my name is ***** ***** girlfriend is on supervision probation and her po said that she Can't stay at a friends house and she. Her po has been out here 3 times now and thinks she has been staying then somewhere can she arrest her for that. I know you cant leave the state but can she tell her she cant stay over night somewhere please answer me
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I am not going to be able to tell you what you most want to hear.

Probation is a sentence in lieu of jail. Any violation of the conditions of her probation means she can have her probation revoked and end up resentenced to time. Your girlfriend's liberty depends on her being in full compliance with her probation officer's wishes.

If her probation officer does not want her spending the night at a friend's house, she can be violated for that. Probation's rules must be followed, even if she disagrees with them or thinks they are unfair.

What probation can't do, however, is to make arbitrary rules. There must be some reason for the restriction. If your girlfriend thinks that it's unfair that she can't stay at a friend's house in the same county, she can contact her lawyer and get her case brought before the judge and try to get the judge to modify probation's terms.

A judge has the power to overrule probation. They usually don't like to do that, but they will to prevent an injustice.

Expert:  Zoey_ JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.