As a condition of a minor’s probation, a juvenile court cannot restrict or limit a United States citizen minor’s ability to enter the United States.

In the recent case of Alex O. v. Superior Court, a minor who was a U.S. citizen and lived in Mexico admitted to bringing drugs into the U.S. As a result, a condition of his probation was that he could not enter the U.S. except to attend, school, work, or visit family. These conditions that limited his ability to enter the U.S. were held to be invalid.

However, a juvenile court can impose probation conditions that relate to the circumstances of the crime and the minor’s entire social history. While a juvenile court cannot forbid entry into the county, it can place a condition on the minor that would require him to notify a probation officer before entering the country.

It is also important to note that conditions of probation for minors may be broader than those pertaining to adult offenders because it is thought that minors are in more of a need of guidance and supervision than adults, and because a minor’s constitutional rights are more limited than those of adults.

The terms of your probation can greatly affect how you live your life and what you can do in your life. Violating your probation can result in you facing jail time, serious fines, and other penalties. Michael S. Carrillo will assess the conditions and terms of your case and/or probation and will provide you with accurate and competent representation. Give him a call immediately at (626)799-9375 for a free consultation.