My husband just got out of prison a month ago and is doing 3 years of parole, he has changed PO's 3 times now the first one came and checked the house and gave us permisson to be together sinse I am a felon also allthough my felony is from 1995. His new PO last week pulled him out put him in a homeless shelter and put a NO CONTACT ORDER between us, Can she do this legally? What rights does he have or does our marrige have? Also he is Canadian and native american we want to go to canada how do we get the federal law to override the state?
2006-09-29 00:46:02 · 7 answers · asked by L B 1 in Politics & Government ➔ Government
Yes she can do this legally, if the provisions of your husbands parole include that he can not be in the company of known felons. You must work through your state system. Only in certain cases which effect a significant portion of the population is it possible to have federal law super-ceded state law. (Though you would not know that from various actions taken lately by the federal government.) Contact your state senator, he/she may be able to help you. If you have kept yourself free from any crime since your felony, you might want to seek a pardon from your state government. Find an attorney that specializes in this. It might be costly, but you may be able to get funding from organizations that help families such as yours. You may, also, consider going public. This would expose much of your private, personal lives to the community you live in, but you might be able to raise public sympathy for your situation. Contact news media and see if they would be willing to air your story, if you don't mind being in the public's very scrutinizing, judgmental eye. One last point is: Do you have children with your husband? This could be a huge factor on allowing him to remain in your home, but only if he is not a danger to them or you in any way. You did not mention what type of crime either of you were involved in. That will be a mitigating factor. Good luck.
2006-09-29 04:30:05 · answer #1 · answered by Answergirl 5 · 2⤊ 0⤋
There are many rules concerning probation including but not limited to no contact with other felonies, no alcohol, not drugs, and no leaving the country.
Unfortunately since you a felon not matter how long ago, the PO as the right to put a no contact order between you two. Also if he tries to go back to Canada, that will be considered fleeing and will get him sent back to prison.
One of your few options may be to go back to the sentencing judge and ask him to amend to probation to allow you two to live together. In may not work but may be one of a few legal options. Consult an criminal attorney for assistance.
2006-09-29 08:12:01 · answer #2 · answered by pj_gal 5 · 0⤊ 0⤋
First of all, you'll have to wait until his probation is up. He's a convicted felon so the chances they will extradite from Canada if he is caught are pretty good. Also, it would be a good idea for you to visit your local library and find out the state laws to make sure the court system is following them. Judges sometimes do go against the laws depending on what they can get away with. It happened to my husband when he was being forced to evict from his commercial property he was renting out before Hurricane Charley. His greedy landlord wanted to sell it to Harbor Nissan so he was canceling all his renter's agreements. My husband checked into the laws and still lost in court. My husband didn't fight it because he knew it would be a waste of money and we have what you call the 'good ole boy' system where I live.
2006-09-29 11:10:09 · answer #3 · answered by Maureen B 4 · 0⤊ 0⤋
These questions are unique to what state you live in and some federal laws. You should see one lawyer who understands the rules of probation in the state in which you live; you should see a second lawyer about the federal laws and may have to use a Canadian lawyer as well. Canada may not have open arms for US felons.
2006-09-29 07:50:18 · answer #4 · answered by hawkthree 6 · 1⤊ 0⤋
Yes they can stop you from seeing each other if you are both felons, that is the rule, on contact with other felons..... As far as moving to Canada, I don't really see that happening. He would have to get permission 1st from his PO and if she does not want the two of you together why on earth would she give him permission to move to another country with you!
2006-09-29 08:13:44 · answer #5 · answered by Joy 5 · 0⤊ 0⤋
he's trying to go to Canada while on probation? That's not going to happen, he shoudl have just done his time in jail, which would have been shorter than probation, then you two could have moved after he got out.
2006-09-29 08:04:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i don't think they can stop you from seeing each other.. i think being married prevents that..
um.. as for coming to canada.. that might be a problem.. but its worth looking into :)
you'd probably have to contact your po guy and find a new one over here.. :)
good luck at coming here.. :)
2006-09-29 07:50:38 · answer #7 · answered by steph 6 · 0⤊ 0⤋