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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26806
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband is in a halfway house in pa and ny parole says he

Customer Question

My husband is in a halfway house in pa and ny parole says he can't come home cause he has past domestic violence and we don't know of anything. All he wants and me would like to be home what can we do to let them get him to come home.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

Unfortunately, apart from your husband bringing the matter up with the Parole board, there is not going to be much that can be done if Parole is dead set against his coming home. Parole does have the power to keep husbands and wives apart, to prevent parolees from living with certain family members, to make sure they don't associate with certain former friends and so on. They take such matters very seriously, and they will violate a parolee who defies this order.

I know that it sounds unreasonable and unfair. And it may be just that. But Parole's first priority is to make sure that the parolee avoids situations which put him at a high risk to reoffend. And as your husband's liberty is tied up with pleasing them, he's not going to have a choice about it if Parole insists you stay apart.

He can, as I've indicated, keep bringing the matter up to Parole, and as time goes on, if he is doing all else that he's supposed to be doing, they may relent. He can also get a lawyer and go back before the sentencing judge to see whether he will overule Parole. But judges tend to give Parole's determinations a great deal of deference and if his contact with you has previously caused your husband to run afoul of the law, the judge will likely deny it.

Sorry to be the bearer of bad news.
Customer: replied 6 years ago.
We have never had any problems. We don't know where this is coming from so that is why we need help to get him home. He has been gone for 4 yrs and has proved that he is a better man. They didn't say he can't be with me they just said he can't come home to the place he lives. Please help me cause we need each other and his kids need him.
Expert:  Zoey_ JD replied 6 years ago.

Thanks for clarifying. At least they are letting you see each other. It's not great consulation, but it's better than nothing. I have had clients who were told that they couldn't get married in the first place and that they could not contact each other either.

If the domestic violence incidents that he got in trouble for had nothing to do with you, you are in better shape, in terms of a possible judicial ruling. But it also now appears that his Parole is in Pennsylvania, and you are residing in New York. That makes it even more complicated, because he would have to transfer his supervision from one place to another. And if Parole in either the sending or the receiving state won't approve his housing arrangements, they are not going to approve him for transfer.

He can see what he's able to make happen through the Interestate Compact that controls the movement of probationers and parolees from one state to another and the transfer of their supervision. He can look into a mandatory transfer. Again though, he's going to need approval from PA Parole AND NY Parole. And all he can do is keep trying. He will need housing and family in the receiving state, which he obviously has, and a job with which he can support himself.

If it's approved on the PA end, then NY has to investigate and respond. If they approve it too, he will get his transfer. You can read about that here. Transfer rules and provisions start on page 23.

Again, however, the only thing he can do is keep trying. It's tough on you and the kids and also on him, I'm sure. But a parolee has very few rights because he's a sentenced prisoner. Parole holds all of the cards, and all he can do is to keep trying.
Customer: replied 6 years ago.
I still don't accept the answer cause I need help on getting home and I ask you how I can get them to change there minds and allow my husband home with me were he belongs. I know there is a way to get it to happen and I want help to do it the right way. That is why I asked for help from a lawyer. Lawyers should help in getting familys back together. I know there is a way but I a not sure the right ways to go. So please give me suggestions on what I can do to get them To let him home. That is what we would like. He is a wonderful man and will bend over backwards for anyone. He did make a mistake and he paid his time. Now all he wants to do is come home to his loving family.
Expert:  Zoey_ JD replied 6 years ago.
Hello Jacustomer,

I have already explained the interstate transfer process that two states have to approve before a mandatory transfer can come about. As one state presently objects there is nothing that you personally can do except to get your spouse a Pennsylvania parole lawyer who can work to put together a persuasive legal argument to the Board. By yourself, an emotional appeal will get you nowhere, and you have seen that first-hand. If Parole is abusing its authority by imposing this condition upon your husband's parole terms, you will need a parole lawyer to point it out and get a ruling.

If money is a factor, contact the local Pennsylvania public defender's office, which may have a parole division, or contact a criminal justice clinic at a Pennsylvania law school. Clinics have inexpensive or free legal services, and this is the kind of situation that law students might really want to work to help solve. Law students are good writers and experienced legal researchers who take cases on for course credit, supervised closely by their professors who are criminal lawyers and who appear in court if the circumstances require that.
Customer: replied 6 years ago.
so how do I go about finding that. I am willing to do what ever it takes cause I don't want my husband away from home until he is off of parole which is a few more trs.
Expert:  Zoey_ JD replied 6 years ago.

Here's a start for you. It's a link to some pro bono legal services in Pennsylvania. If the don't handle parole matters, they should know what other agencies do.

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