Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
This would be up to the Parole Board discretion
Where was the person convicted.
i really need your help, thank you for helping!
New york city
What was the offence?
felony or misdemeanor? also when would the person be released from parole?
felony and the person is already released and on parole
I meant released from parole, as when is it ending?
thanks for the information. Basically getting married would not, in most circumstances (except for some sex offenses) violate parole.
so would they allow or could they deny him to move with me if we get married, we have three children together?
Unfortunately parole officer does have a lot of discretion as far as approving a place of residence. There would be some type of basis normally for not approving a change of residence within the same city and especially if it is due to a person on parole getting married and wanting to live with his wife and 3 kids
Has parole officer indicated any reasons or concerns why he would not approve the change of residence?
he states that since he had a domestic violence charge back in 2005 with someone totally diffferent that he is unable to move in with any woman other than family>
Ok, but if you were to get married, you would be family, right?
yes my point..do you think that it would work?
I would request that the current request would be denied in writing and the underlying reasons stated in that denial.
You might have difficulty obtaining a written response, but if you do hire an experienced local criminal attorney he should be able to get a written response from the parole board based on your b/f parole officer recommendation.
An important thing to remember that in most cases the parole officer assigned to a parolee is holding a key to a prison cell, and I have seen cases where parolees were thrown back in prison just because of some minor violations that would have never caused an issue if it wasn't for personal dislike between parolee and the parole officer.
With that said I would be careful in handling this request as not to make it look like that you are trying to challenge this parole officer's authority.
I do know it is not really fair and not how the system suppose to work, but it is a harsh reality.
I do think that if you can get a denial in writing that would state "no moving in with a woman, unless family" your chances of being able to move in together after getting legally married would increase many times over.
should i contact the parole office and let him know of our intentions of getting married?
You certainly can, but he might in turn just think of another reason why he would not approve the change.
ok thank you
I would suggest that if you do consult a local criminal attorney who specializes with post-conviction relief. This attorney would be able to look fully into this matter and recommend the best course of action to you.
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