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My fiancé was sentenced for stalking( falsely accused but…

My fiancé was sentenced...

My fiancé was sentenced for stalking( falsely accused but irrelevant),receiving 2 years prison with three years probation. During the time when the charges occurred, he was charged an additional “aiding a felon” when he has asked me on a jail phone to delete his emails. This was nothing out of the ordinary as this is something he asks me to do all the time as we run a business together and get a ton of emails daily. He was in jail for 14 days at that time. When the state listened to this they charged him, not me. Ultimately I was not involved and the charge was found not guilty during trial. Almost two years has now past and when he spoke with the po, she stated that he would not be able to live here because of the criminal complaint. She stated that they look at that more than what a person is charged with. She phoned me to ask a bunch of questions and stated she was willing to propose that he go on gps and live here but that she would need to bring it up with supervisor. Five days later she phoned me that he will not be able to live here because of the criminal complaint.. I stated to her that I was never involved, charged with anything and further the state never filed a no contact order between him or I. We lived together during the entire case up until he was incarcerated. She didn’t care. Now they are telling him that they are going to place a no contact order between him and I. I cannot believe this is going on right now. The criminal complaint had nothing to do with the case and was nothing but an allegation. Most important, again, I was never charged, nor did the state ever issue no contact orders.. I understand that probation officers will make their own rules, but when does it become a legal issue? This is completely ridiculous and unjust. How do I even argue this? I’m in Wisconsin and Milwaukee county has been nothing but horrible In helping with his release to be successful... further I have never been a victim nor victimized in any way and we have spoke on the phone three times a day for almost two years... at this point what can I do legally to argue this?

Lawyer's Assistant: Because criminal law varies from place to place, can you tell me what state this is in?

Wisconsin

Lawyer's Assistant: Have you talked to a lawyer yet?

Not about this

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not right now

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Answered in 1 minute by:
11/2/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,435
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Probation can determine who a probationer cannot spend time with. One thing they do, typically, is to require probationers to avoid those with criminal records. Another thing they do is to order probationers to avoid people who may cause them to reoffend. Even though you were not charged with any crime, probation would appear to see you as someone who would look the other way if your fiancé did something wrong. That's why they will not allow any contact.

Your fiancé will have to abide by Probation's restrictions or he can be violated and made to return to prison and finish the entire remainder of his sentence. A judge does, however, have the power to overrule probation. They don't like doing it, but they can and will to prevent an injustice. So if probation won't cooperate with you, he needs to get his lawyer involved and bring the matter back before the sentencing judge to modify the current terms of his probation.

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Customer reply replied 6 months ago
I have absolutely no criminal or any record at all. During sentencing it was never ordered for us to have no contact nor once on probation. This po is threatening that she is going to impose a no contact order; yet when he signed his rules for probation, a no contact was not listed. Only that he could not live with me. They will not allow him to live here because she is considering me to be a co-conspirator, even though I was never even involved nor my name even brought up during jury trial. I just don’t agree at all.

I understand you don't agree, but unfortunately, that's irrelevant as far as probation is concerned. Probation has the power to add additional stipulations as circumstances present themselves and unless those restrictions get lifted, he can be violated if he is found to have ignored them.

I am not saying this is right or fair. I'm saying it is lawful. All your fiancé can do about it is to get his lawyer to petition the sentencing judge to let the two of you have contact/ive together because you were never legally considered a co-consipirator and that this restriction puts an undue burden on your relationship and causes unnecessary pain and hardship.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,435
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 6 months ago
Okay. Well if this happens then that is exactly what we will be doing. Thanks for the input.

You're welcome. I wish you and your fiancé much luck.

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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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