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illegal arrest

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Junior Member
What is the name of your state? New Mexico

I was placed on UN-supervised probation in 2003 and have worked and lived out of state
from time to time. I always called my probation officer when required. Prior to him being
let go, my probation officer issued a request for my arrest because of a probation
violation. The probation officer stated I was on "Supervised" probation and that I failed
to report in. I was arrested and placed in jail for a period of seven (7) days before my
new probation officer found out that I was on un-supervised probation. Once she knew,
I was released without explaination within 3 hours of her finding out.
I want to know if I have a valid civil lawsuit against the state of New Mexico for pain and
suffering, lost wages, and anything else because of thier mistake.

garrula lingua

Senior Member
No, you have no case.

You are on PROBATION. This means that, instead of going to jail/prison, you are allowed to follow all instructions of the court & Prob Off & you stay free.
If you are suspected of any Probation Violation, you have the right to a hearing on the issue (if they don't delete the PV first). If the court found no PV, then you are allowed to continue on Probation...

Probation is not an entitlement - you can't demand that you be treated with all the constitutional rights and civility as other situations. You forfeited your 'rights' when you committed the crime and were found guilty. You are being PUNISHED, get it ?

Your options are: jail, or Probation. Your P.O. has a lot of impact on which option it is...

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