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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88415
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am on parole currently...I have not absconded and do not

Resolved Question:

I am on parole currently...I have not absconded and do not want to...my issue is that I have a fiance in the Philippines I wish to go there and marry her, then bring her back with me, but I have no idea how to do so while being a parolee....is there a way an attorney could help make such possible without a parole violation?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The only way you can do this is getting written permission from your parole officer or if they refuse you have to file a motion to the parole board and ask for permission to leave the state and the country for this purpose. If you do not get permission from the parole officer or parole board, you simply cannot leave without it being a parole violation. They do authorize such travel for family reasons, so it is not impossible, you just need to ask your parole officer first in writing and describe the reason and length of stay and if he denies you then you file a motion to the parole board asking them.



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Customer: replied 9 months ago.

They both have refused....so you are saying there is no way around them legally, even by hiring a lawyer to find a way to do this.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

If they have both refused your request, since you are under their authority, I am afraid even an attorney could do nothing more than you have already done. The only one thing the attorney could do is file an appeal to the court where you were convicted and ask the court to overrule the parole board decision, which is done only very rarely, so it is a huge long shot for you to try.
Customer: replied 9 months ago.

OK....but it is an answer I basically already knew....I was hoping you as an expert would have more to help....I have been with her for over 10 years, I have got to find a way....thanks anyway.


 

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response. People come to us all day expecting attorneys to be magicians, we cannot do anything the law does not say can be done. Thus, thinking an attorney can do more than what the law allows is not really fair to the attorney, because we really are not magicians.
Customer: replied 9 months ago.

This is America....there are always ways and loopholes created...for those with the money anyway....lawyers know them...it is just if they are willing to use them....politicians do all the time as well. That is really why the loopholes are created in law to begin with. It is not your fault....I just really believe this way about law in America. If I had enough money, it could be done.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

Keep telling yourself that and as I said there is ONE other recourse an attorney can do, it is rarely granted, but it is filing a motion in the court to overrule the parole board and you have to prove good cause and that the board's denial was arbitrary and capricious or against the law (which it is not). So you have to prove this is a compelling emergency reason that you have to leave and you cannot simply bring her here to marry you here in the US without leaving the US.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88415
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you

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