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In Idaho i know someone that the judge put in his conditions

for release he can't be...
In Idaho i know someone that the judge put in his conditions for release he can't be in a relationship until he tops out his parole in 2018. Is there anything he can do to take this off, he is 45 now. I don't feel that is in-humane and ridiculous.
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Answered in 9 minutes by:
7/1/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,098
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question.

What was the reason your friend was out on release? What were his charges?
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Customer reply replied 4 years ago

The judge gave him 2 years and he got out in the 2 years, and he had a second possession charge.

Thank you for your response.

If the charge was possession, the court may impose whatever release sanctions they wish to impose and he does have recourse. His recourse is he makes a motion to the court asking for this condition of release be modified. He would have to prove that the relationship would be beneficial to his release and his continued sobriety and his counselors and probation officer supporting his request would be helpful to get the court to modify this probation/parole requirement. However, such a requirement is legitimate, especially if he is in a relationship with someone who is a substance abuser.





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Customer reply replied 4 years ago


The courts don't know anything about anybody else, that is just a stipulation on his release. So he is afraid of being seen with anybody but his family, and that is really hard on him and I. We want to be able to see each other, but he hasn't tried anything for the simple fact of having to top out his time.

Thank you for your response.

Who put the stipulation in place, the court or the parole board on his release?

Were you with him when he was arrested?
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Customer reply replied 4 years ago

I think it was the judge, and no I wasn't with him at all.

If the court and not the parole board imposed this condition, then the previous answer is correct in that he has to file a motion to the court asking them to modify his release conditions and remove that condition upon proof of good cause. If the parole board imposed this condition, then he has to file the motion with the parole board and ask them to release the condition and if the parole board refuses, he can appeal it to the court on the basis that the condition is an abuse of discretion.

I am afraid though that the only way to get relief from this condition is filing a motion with the body who imposed it to have them waive it as the condition is a valid condition of release.
Law Educator, Esq.
Category: Legal
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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