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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89126
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i was wondering if anyone could ease my mind by telling me

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i was wondering if anyone could ease my mind by telling me if marriage is a possibility if my fiancee and i are charge partners, he is in prison, im on probation and we have a child together. my attorney says yes but my p.o. says no. who is right? i got pregnant after we were indited. i sent in a marriage packet to the prison he is located at and am worried we will be denied. if someone could let me know our chances, i would greatly appreciate it
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am very sorry for your situation. Are yo saying that the PO is not allowing you the marriage, or, he is simply stating that it is fine by him/her, but that the state would not allow it?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 2 years ago.
its my po that has a problem with it. not the state from what i understand. my attorney says it should be fine. the only reason we are even charge partners is cause i knew of a crime my fiancee did and we lived together.
Expert:  Ely replied 2 years ago.
Ashley,

Okay. I can tell you right now that the state will have no issue with it, but we need to work out the PO issue - why is he/she objecting to it?
Customer: replied 2 years ago.
im not sure. i tried to ask if i could have a permission slip so i could go visit him in prison and she said no. she said we were not allowed to talk to, live with, or see eachother. when i tried to explain that we had a child together, she said, "you should have thought about that before you did the crime". but the baby came after the crime. and i said we lived together and she said we had to separate or we will both go to prison. im unsure how to handle her at this point without making her mad at me. i do not know where to go from here. i can pass any drug test and i do not get in to trouble. all i do is work and take care of my kid so if she is this angry considering the circumstances, im completely unsure what my next move is
Expert:  Ely replied 2 years ago.
Ashley,

Thank you. Let me first explain the state law on the matter, and how the probation fits in.

State Law
There is no law that states that individuals with convictions/on probation cannot marry, to others or each other. So the state is not disallowing you here. There is no such provision in Mississippi Code's Domestic Relation Chapter.

Probation
When you are on probation, the PO rules your life, as you know. They say jump and you say "how high?" The Court allows them certain leeway to restrict you in actions if the PO feels that this action would be against your interest or that of the community. Now, you can override the PO's objection to marriage. What you would have to do is to file a Motion to Clarify Probation/Parole and have this heard by the Court. The Judge is the only one who can override the PO. You'd serve the PO and the DA with the motion as well. If the Judge allows the marriage, then you should have no issues. Of course, you will not be doing yourself any favors with the PO, but again, this is how you would go about overriding the PO's objection - by reaching out to the Judge.

The motion is not one that you can find online easily, so an attorney is recommended to draft it, if not to file and represent you all the way through.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

IMPORTANT INFO: Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 2 years ago.
yes. i just wanted the truth and what my next course of action would be. thank you
Expert:  Ely replied 2 years ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces – it is the only way I get credit for my time with you.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89126
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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