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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27467
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My wife just got parole but she has a stipulation that says

Customer Question

My wife just got parole but she has a stipulation that says no contact with me her husband..she's devistated an doesn't want this..I've never done nothing to her.. We just recently got married.. Were madly in love with each other an want to be together an live together.. She's only on parole for another year.
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
I feel like its a violation of our constitutional rights..I need some help with this.I want to hire an attorney to advocate for her.. She wants us to be together an I as well.she has no one except me an my mom..there making our lives miserable.. I have a record but still.were married an live in a free country.. What the f**k is going on with this justice system.. We both love each other.. We don't hurt the ones we love..we help each other.. They can't keep us apart.. All there doing is hurting us..could I hire someone immediately to get her home with me..I have a place for her with me..other than that she doesn't have a place to go..
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
Please contact me at 781/884 -8958..Brian..thank you.. I would like to hire an attorney for this matter.. Time is of the essence.. Ttys.
Expert:  Zoey_ JD replied 2 years ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Unfortunately, a parolee is a convicted offender serving a sentence. He has lost all of his rights with his felony conviction, except the right to a parole hearing. The US Supreme Court has held that there is no fundamental right to Parole, and Parole will require that parolees avoid particular people or places which they consider as triggers which may make the parolee reoffend. Compliance with what parole wants is essential to a parolee's continued liberty.
As a result, what you are experiencing is very common. Parole can and does separate parents from children, husbands from wives, and so on. This sort of parole stipulation is routinely upheld by the courts unless it's arbitrary and capricious. That is, parole can't require this of you just because they have the power to do so. They must be able to show a valid reason. The reason usually is that the spouse was a co-defendant on the underlying offense or has a criminal record.
Your wife can take this before the Board and if this fails get her lawyer to bring her back before the judge for a ruling, but again, unless the decision on Parole's part is arbitrary and capricious, which would in that case be an abuse of Parole's discretion, judges tend not to disturb Parole's dictates.
I know that this is not what you want to hear and I am very sorry to e the bearer of bad news.
JustAnswer is not a law firm but a general information service. We cannot represent your wife, nor advise you over the phone. Lawyers cannot be retained over this site. We cannot even refer you to a specific Massachusetts lawyer or law firm because it's against the site's terms of service.
What we can do is to direct you to the same legal referral services that lawyers themselves use when they need to find someone out of state or in a different specialty and don't know anyone.
Try the Massachusetts State Bar Association's Lawyer Referral Service. THey charge a fee of about $50 for the referral but it will include a free half hour consultation with the lawyer.
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=MA
Alternatively, a commercial legal referral service that has been around for a long time and is highly reliable is Martindale.com. Many of Martindale's lawyers are peer and/or client rated, which may make it easy for you to narrow down the field.
Good luck!