Legal Question in Criminal Law in Massachusetts

Probation w/ GPS Monitoring
I am under the impression only a judge can issue an arrest warrant. Does Electronic Monitoring (which is not probation but works with and for probation) have the authority to issue a valid arrest warrant without a judges order? I have been told by one lawyer this is ''deprivision of liberty without due process'' and the warrant would be an illegal warrant without a judges order, however, elmo ( electronic monitoring ) insists the lawyer is incorrect. Elmo went to tech school for 6 months, while the lawyer went to NorthEastern for 8 years for law . I trust the lawyer more but would like a second Opinion. This case is in Massachusetts.. Does a warrant issued by Elmo, without a judges decision constitute deprivation of liberty without due process.?

Asked on 3/26/09, 12:16 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: Probation w/ GPS Monitoring

Probation officers have a lot of latitude, and under some circumstances they can and will visit the home, and will look around, to a limited degree.

However, your information is so vague that I cannot say any more. Going to law school for 8 years, means, usually, part-time attendance.

Typically, law school is a 3 year program.

Answered on 3/26/09, 12:33 pm

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