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Homeless Probation

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Rulenumber1

Junior Member
Thank you in advance!
My son is 20 years old and is getting ready to sign a plea bargain for a breaking and entering and burglary.
He will be on probation of course

He has not lived with me for the past 2 years.

I have just recently become homeless. We live in a tourist City. I know my situation will change quickly.

No family or friends willing to help them out till I can get back on my feet.

My question is can he be homeless while on probation?

Second question typically how long would probation run for this type of charge?
 

Just Blue

Senior Member
Thank you in advance!
My son is 20 years old and is getting ready to sign a plea bargain for a breaking and entering and burglary.
He will be on probation of course

He has not lived with me for the past 2 years.

I have just recently become homeless. We live in a tourist City. I know my situation will change quickly.

No family or friends willing to help them out till I can get back on my feet.

My question is can he be homeless while on probation?

Second question typically how long would probation run for this type of charge?
These are all questions he should be asking his attorney.
 

Rulenumber1

Junior Member
These are all questions he should be asking his attorney.
Yes we are going to try and get ahold of his attorney tomorrow. Just trying to to get a head start and hopefully be able to give my son some encouraging words tomorrow.
Thank you for your response!
 

Just Blue

Senior Member
Yes we are going to try and get ahold of his attorney tomorrow. Just trying to to get a head start and hopefully be able to give my son some encouraging words tomorrow.
Thank you for your response!
1. You should NOT be posting his criminal issues on the internet. Even if he is aware. His attorney will be pissed if s/he was aware that his/her clients mother was doing this. Hell! S/he would be pissed if her/his client did this.
2. Your son is an adult and should be dealing with his own legal issues. As it is already 4:30 am eastern time he just has a few hours til he can talk to his attorney.

Px Hx = posting history. I think it important that the members here view your other thread.
 

Rulenumber1

Junior Member
1. You should NOT be posting his criminal issues on the internet. Even if he is aware. His attorney will be pissed if s/he was aware that his/her clients mother was doing this. Hell! S/he would be pissed if her/his client did this.
2. Your son is an adult and should be dealing with his own legal issues. As it is already 4:30 am eastern time he just has a few hours til he can talk to his attorney.

Px Hx = posting history. I think it important that the members here view your other thread.
My apologies. I did not realize it was something that his attorney would be upset about.
Yes he is an adult! He is still my son though.
My apologies!
 

CdwJava

Senior Member
As a note, there are a great number of homeless people on probation. It should not be an issue so long as he otherwise follows the conditions provided to him.
 

FlyingRon

Senior Member
Maybe it's not in California, but it certainly is an issue here in the south. You don't have a viable home, you're not getting released on probation. If you're not still living where you are supposed to be, you're going to get violated and likely terminated. In fact, in both Carolinas, being homeless is a crime in it's own right (though not very much enforced outside of certain areas, we have an ongoing battle between the state/county here and the mayer and PD of one city that keeps sending the homeless into the criminal system).
\
 

CdwJava

Senior Member
It seems absurd - and damned well unconstitutional - to effectively criminalize someone for being homeless. I get that probation is a privilege and not a right, but, it does seem to be contrary to the wave of touchy-feely-hug-a-criminal mentality that seems to be sweeping much of the country. We'd never get away with that out here. But, then again, we can't keep felons in jail due to changes in the law, so ...
 

quincy

Senior Member
Here is a link to South Carolina’s standard conditions of probation:
https://law.justia.com/codes/south-carolina/2018/title-24/chapter-21/section-24-21-430/

Your son has probably spoken to his attorney already, which is good. He needs to.

Your son will need an approved place to live so, if he has no other better option available, he should line up a homeless shelter where he can reside during his time of probation or homelessness.

Offenders who are on probation/parole and are or become homeless has been a problem throughout the country. Different states are handling the problem differently - some refusing release unless adequate housing is available and some releasing offenders on electronic monitors to track the whereabouts of the offenders (who in some states are residing under bridges for lack of jobs or resources).
 

FlyingRon

Senior Member
Not offering parole or probation to people who don't have a place to go (or even a job) is not unconstitutional in the least.

Locking people up because they're homeless is arguable. The laws are couched with terms to skate the constitutionality. The eighth circuit however said many of such (such as bans on sleeping in public places) are indeed unconstitutional, though that's not a precedent that's applied across the country.
 

quincy

Senior Member
Not offering parole or probation to people who don't have a place to go (or even a job) is not unconstitutional in the least.

Locking people up because they're homeless is arguable. The laws are couched with terms to skate the constitutionality. The eighth circuit however said many of such (such as bans on sleeping in public places) are indeed unconstitutional, though that's not a precedent that's applied across the country.
The ACLU has been arguing the constitutionality of violating probationers/parolees on the sole basis of homelessness. It is far from a settled issue in many states.

If someone is looking at release on probation or parole, they would be smart to have housing of some sort lined up in advance or they risk remaining in jail/prison.
 
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