Legal Question in Criminal Law in Texas
from Buffalo,NY. Eerie county,my brother is on probation for a violation of protective order{penal code 410.40}.he also had a previous sex offense case,which was closed already for about 5 years.his probation officer issued a curfew on 31 oct 2013 from 5pm to 5am,but only for that day. is there any legal action he can take??
1 Answer from Attorneys
Your brother is on probation for violation of a protective order and has a previous sex offense case that you do not say resulted in a conviction or not.
Good advise to him would be that being out on that night would be a very bad idea.
A good brother would tell him that for his own protection against a claim, he should not leave the house.
If he wants to challenge it, though, he should retain an attorney to ask the court to change the rules of his probation. I doubt that would be successful, though, particularly if the sex offense involved a minor and even more so if it resulted in a conviction.
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