Legal Question in Criminal Law in Florida

House Arrest
I would like to move in with my boyfriend, who has no prior record of any kind, and my house arrest officer, and her supervisor will not allow it. According to the human rights declaration, I have the right to reside wherever I want to. According to the orders of probation, as long as the person has no felonies, is not on probation, does not posess any firearms, nor illegal weapons of any kind, I should be able to live with anyone. However, it says that it has to be approved by my officer. Is there anything that I can do to have the supervisors decision overturned?

Asked on 11/14/08, 11:55 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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Re: House Arrest

You can file a motion with the judge. Don't cite the declaration on human rights, though, or you'll probably get laughed at. If you must cite something, cite your right to freedom of association under the U.S. Constitution, or, better yet, just ask.

On the other hand, sometimes it's best not to tick off your probation officer. Maybe you should just wait until you're off of house arrest before you move in with your boyfriend.

Answered on 11/14/08, 5:48 pm

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