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Alexia Esq.
Alexia Esq., Managing Attorney
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Experience:  19 Years of Legal Practice Experience in this precise field.
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My son B and his fiance G were arrested in 10/11 with drug

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My son B and his fiance G were arrested in 10/11 with drug poss. (heroin) and he also with supplying drug for her. She went to rehab and is now getting counseling. He went to jail and now in a sober house. He goes to court again in March and G goes in April. Both are clean. When B appeared in court while in jail he was told he couldn't communicate with her since she was a codefendant. When they both got out they saw each other again. She is pregnant now. B said he was told he'd get 1 yr. parole and 1 yr. probation. If he gets that he wouldn't be able to see her or baby. Is that true? He says he'll violate rather than not see them. What happens if they get married before his court appearance? If they aren't married can the court keep them apart? Please help!
Submitted: 2 years ago via USmarriagelaws.
Category: Legal
Expert:  Alexia Esq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

My son B and his fiance G were arrested in 10/11 with drug poss. (heroin) and he also with supplying drug for her. I am so sorry.

 

She went to rehab and is now getting counseling. He went to jail and now in a sober house. He goes to court again in March and G goes in April. Both are clean. When B appeared in court while in jail he was told he couldn't communicate with her since she was a codefendant. When they both got out they saw each other again. She is pregnant now. Hmm, not under terrific circumstances, obviously. But congratulations on becoming a grandparent :)

 

B said he was told he'd get 1 yr. parole and 1 yr. probation. If he gets that he wouldn't be able to see her or baby. Is that true? It is definitely true that a condition of his parole and/or probation may be that he can not associate with known addicts, such as her. However, he should get his defense attorney (NOT public defender, as that would be relatively useless) to make sure that he is not deprived of his rights to see his child. His child is not a convict or an addict, so there should be no prohibition of visiting with this child just as there is no prohibition about visiting a niece, nephew, neighbor, etc. If the state is seeking to deprive father and child of a developing relationship for 2 years, I'd vehementaly fight this and for some, same may be a deal breaker in terms of pleading guilty.

 

He says he'll violate rather than not see them. And that would be cutting his nose to spite his face. He violates, he goes to jail, and not only will he not see his child for YEARS possibly, he will be leaving that child financially neediy possibly, and him with a big arrears bill. Moreover, the chances of the mom moving on without him are even greater. He would be foolhardy to violate and only demonstrating that he cares not so much for the child's welfare. I would consider urging him not to do so, as he will regret, almost assuredly.

 

What happens if they get married before his court appearance? Nothing different. If they aren't married can the court keep them apart? Absolutely they can. He needs to obey the parole order/probation orders about avoiding convicts or persons "known" to have been drug abusers - i.e. his girlfriend. Just do it. However, if I were him, I'd strongly consider, for the sake of my child, investing money in a strong criminal defense attorney (private, not one bought and paid for by the very state seeking to prosecute him) that will ensure that his rights to visitation with his child are NOT impeded. He has no record of child abuse and I am NOT seeing any reason why restrictions should include his child.

 

Please help!

Good luck. With proper defense, this should work out vis a vis his child, and if the two lovebirds are serious, they can surely live separately for 1-2 years. Military people do it for far longer, and the true blues survive it. They can too. And they will, if the care for their child as parents' usually naturally do. The longer term better good of their child's family SHOULD be their top concern. If it is not, that will be evident to the law enforcement.


I hope this helps clarify for you.

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Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11700
Experience: 19 Years of Legal Practice Experience in this precise field.
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