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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27752
Experience:  Active member of the NYS bar since 1989
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My son probation officer came to do a home visit to approve

Customer Question

My son probation officer came to do a home visit to approve where he is going to live before he gets out of Prison. I was very up front and honest with her and told her that I had a felony and completed federal probation over a 1 1/2 ago. she made it clear she wasn't going to approve him to come home to live with me.
I just want to explain a little further my son committed his crime while I was away for 2 years. He was 18 when he went into custody and has never lived with anyone other then myself. I'm concerned for him in so many ways the biggest is he has no where to live and is a 18 year in a 25 year old body. I really need some help here and am willing to hire an attorney if needed to help me fight this situation
Submitted: 2 years ago.
Category: Legal
Expert:  Zoey, JD replied 2 years ago.


I wish I had good news for you but I don't.

It's standard in the agreement between probation and parole and every probationer and parolee that they refrain from contact with people with criminal records. I have seen them prevent two people from marrying while on probation, from living together. I have seen probation and parole temporarily restrict access to family members. And all of this is lawful.

I'm not saying that you can't try to appeal to probation or, if this is parole, to the parole board, or even contact your son's lawyer get the case back before the sentencing judge to see if they will make an exception in your case. But your son's liberty will be 100% dependent on his compliance with what his PO requires of him, and judges tend more often to go along with probation or parole's decisions in this area unless there is a clear abuse of their discretion.