Published: Dec 23, 2010 4:41 AM EST
Updated: Dec 23, 2010 1:42 AM EST

CHARLOTTE COUNTY, Fla - A judge ruled on Wednesday a 13 year old boy accused of violating the terms of his probation will spend the long holiday weekend behind bars. The teen, who was on probation for drug charges, was taken into custody on Monday after being found at his mother's home.

The address of the house was not registered with the probation office.

Stacy Pendleton says her son should not have been arrested because court documents stipulate her son can be with a legal guardian or parent no matter the time of day or place.

The probation office says it has no objection to the child being at her mother's home and could not explain why her address was not in the system.

A hearing was held on Wednesday, but a motion to have the child released based on the error could not formally filed and will have to wait until next week due to the long holiday weekend.