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My brother is on probation. He has a gps monitoring device. The device has been having issues since he got it, but Friday night he went outside the house to talk to some contractors that were working there and he forgot the device in the house. He was without it for 30-40 minutes. The sheriff came and arrested him. If it wasn’t intentional and he still was on the property, what can they do to him, or what is his recourse? He has sat in the county jail for 5 days now without his agent even seeing him. Is this the way things should be handled?
Asked on May 6, 2009 under Criminal Law, Wisconsin
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No one will believe he "just happened to forget" the GPS. Yet, if he was otherwise as clean as a whistle, and had been fully compliant, and was just outside the house talking to contractors he had hired to do work in the house, and the contractors are people he was allowed to interact with, I'd think he should be cut some slack.