Can a juvenile probation officer order an 11 year-old offender on house arrestto stayhome alone?

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Can a juvenile probation officer order an 11 year-old offender on house arrestto stayhome alone?

My son was involved in school fight. The probation officer put him on house arrest for 1 month and said he is not allowed to leave house even with his parents. I have 3 other children and have many errands. I do not feel it appropriate or safe for him to be alone. My 72 year-old mother called me in the evening, saying that she had fallen and needed help. I took my son and left a message for his PO. His POsaid that this is a violation and referred him for electronic montitoring. He has no prior violations nor history of leaving house.

Asked on October 14, 2010 under Criminal Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that you need to get some legal advice from a criminal defense attorney in your area.  I for one think that if something happened that you would be charged withendangering the welfare of a minor to leave the 11 year old home.  So really the sentence is incumbent upon you to carry out or to pay for a sitter to make sure that it is carried out.  Can they do that?  Not is you make the argument that it restricts your rights.  Then again, you don't want him jailed. So maybe ask about a petition that the sentence be modified to community service (which is so much more rehabilitative than house arrest).  An attorney in your area will know the best argument based upon the law in your state.  Good luck. 


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