How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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

This answer was rated:

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.
Thank you for your question.

What was the reason your friend was out on release? What were his charges?
Customer: 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.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: 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?
Customer: 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. and 3 other Legal Specialists are ready to help you