• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

can our parole officers keep me and my wife from living together

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.


CdwJava

Senior Member
i guess that if a parole board can make it so you cant be with you spouse then i take it a supreme court judge can FORCE a couple to marry against their will. also then if say your whole family (many siblings and your parents are all felons then you cant in reality have any family.

on another note i take it a judge can FORCE visitation on a ncp even if the ncp has no desire to want to see the child (children)?
Parole can tell you who you can live with, where you can live, and they can even prevent you from seeing your own children.

If you do not want to agree to the conditions of parole, you do all your time ... some criminals do just that.
 

You Are Guilty

Senior Member
Just to make Tranq happy (PS: hell called, they want their advocate back ;)), I'd suggest PA Code §63.4 and §63.5 provide all the support the State needs for the conditional release.

{edit}
I think §63.2 might work also. (And §65 et seq seems to mirror them)
http://www.portal.state.pa.us/portal/server.pt/gateway/PTARGS_0_95573_489007_0_0_18/PBPP%20Regulations%20FINAL.pdf
 
Last edited:

tranquility

Senior Member
We're in the tall weeds where a parole officer can make any condition he wants and there is no due process for that decision, so I'll stop. For an Idaho answer on a similar question, see:

Can a parole officer keep*2 married people from seeing each other? Idaho Criminal Defense

Info edit:
My mistake on due process. The place for the OP to ask the question is defined at:
http://www.pacode.com/secure/data/037/chapter73/chap73toc.html

The main section he should focus upon is:
(2) The scope of review of an appeal will be limited to whether the decision is supported by substantial evidence, an error of law has been committed or there has been a violation of constitutional law.
 
Last edited:

You Are Guilty

Senior Member
I don't have time to run through all the statutes again, but I thought I saw an "arbitrary & capricious" standard thrown in there for a referenced case about someone challenging a condition (I think it was over possession of firearms?). Would be interesting to see how much deference the courts give the Parole Board in coming up with special conditions though... "Pat your head and rub your stomach!" "Bark like a dog!" "Eat this habanero!" :D
 

tranquility

Senior Member
Then we wouldn't have cops, because felons can't have guns
Which may be a rational limitation on legitimate governmental interests.

Of course, here, we may have something completely different.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top