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I got charged with assault cause bodily harm, can a police officer give you probation (curew)?
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I got charged with assault cause bodily harm, can a police officer give you probation (curew)?

I got charged but not proven guilty, they gave me a probation. Can they do that?
Additional Details
I got charged but not proven guilty till court date. They hold me onto custody for 2 hours and they gave me a release paper form i had to sign in order to go home. I have a probation curfew, can they do that? even though im not guilty?
My friends got a probation but no curfew, they are 18, im 17 i have a curfew from them.


    




Novarobin
By the wording of the charge, it sounds like you are in Canada.

If so, you were released on an Undertaking, not probation. Probation is a sentence ordered by a judge.
An undertaking is a set of conditions you agree to in order to be released from custody. Officers can include any conditons they feel are appropriate in the situation or are connected with the charge. For a serious offence like that, a curfew is not uncommon. You most likely got the curfew (and not your friends ) because you are a young offender and they are not.

You must abide by the conditions until the court date. Usually the judge will order them to continue until the case has been resolved.

You can apply to have the undertaking varied. You need to go before a judge.

So to answer your questions, yes, they can.

If you had refused to agree to the conditions, you would have been held for court where you would have went before a judge who probably would have released you on similar conditions, possibly stricter.


laughter_every_day
If you read it carefully, you have been given the conditions of your release from custody until there is a trial. It is like bail. If you violate the conditions you can be confined until the trial. Police do not put people on probation or fix conditions of release. Courts do that.


Ms. N
Rating
18 is a legal adult, at 17 you're still considered a juvenile. That's most likely why there is a curfew and yes,,,they can do that.


rnwallace07
Rating
You are correct that you are charged, but not proven guilty until the court case. Did you read the form that you signed? In order to be released, one of the conditions stated is that of a curfew. Since you are considered a minor, that is why the curfew clause. Your friends are legal adults and do not require the curfew. They and you are not on probation, but on release until your court date. If found guilty, they will go to an adult prison while you will go to a juvenile facility until you turn 18. Depending upon the guilty sentence, you may then be transferred to an adult facility. You have to learn the consequences of your actions - in this case, assault w/bodily harm.


allen555
Bail
Bail can be granted by the courts or the police. Where bail is granted, the person released from custody until the next date when they attend court or the police station. If bail is refused, this will be because the police or the court believes that, if released on bail the person will abscond (not turn up to court), commit an offence, interfere with witnesses or otherwise interfere with the criminal justice process.
There are two types of bail: conditional bail and unconditional bail.

Conditional bail
The police and courts can impose any requirements which are necessary to make sure that defendants attend court and do not commit offences or interfere with witnesses whilst on bail. Conditions can also be imposed for the defendant's own protection or welfare (where he is a child or young person). Common conditions include not going within a certain distance of a witness's house, or being subject to a curfew. If a defendant is reported or believed to have breached (gone against) a bail condition, they can be arrested and brought before a magistrates' court which may then place the person in custody.

Unconditional bail
If the police or court think that the defendant is unlikely to commit further offences, will attend court when required and will not interfere with the justice process, they will usually be released on unconditional bail.

Breach of bail
If a defendant does not stick to their bail conditions, or fails to attend court on the set date, they are in breach of bail. They are likely to be arrested and may have their bail withdrawn. They may be remanded in custody and might not get bail in the future. Failing to appear at court as required is a criminal offence and they can also be prosecuted for this offence.


Call me Daddy
Rating
Yes they can in most States, Assault with Bodily Harm is a serious crime, you know? and though they haven't proved you guilty you're still pending for court date, so they are afraid that you might try to take a walk.


Kat
Rating
Why were you found not guilty? Was it justifiable somehow? Technicalities or what? Do you suppose you gave us enough information. Did you hurt someone for real?

Oh, I see, you have to wait for trial. Hmm.

Of course they can give you probation. (courts)Yes a curfew to, then you cannot go out and get into trouble with older kids or do drugs behind your mamas back. :O)

Not saying you are, but curfews help curb trouble with teens. Some teens do not listen to their mamas or dads no matter what though.





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