View Full Version : Are you on probation while incarcerated?
justcurious68
Feb 9, 2016, 08:16 AM
Hello, and yes , this sounds stupid, but...
I "had" a protective order on someone from a diff. state, this person is now in "my" state.. "incarcerated".
They were on probation from their "home" state, and part of probations "terms" were to have no contact with me..
The protective order has been dropped, but probation ( from another state) is telling us that we still cannot have contact because of the original terms...
How can probation have jurisdiction out of their state and above a judge from my state,, so "are you still on probation while incarcerated?
Thanks for any replies!
No, you are not on probation while incarcerated. Probation begins once the person is released from jail.
justcurious68
Feb 9, 2016, 09:10 AM
No, you are not on probation while incarcerated. Probation begins once the person is released from jail.
"J9"
Then how can an out of state po enforce a "no contact" - Is it not true and they are just giving us a hard time ?
"J9"
Then how can an out of state po enforce a "no contact" - Is it not true and they are just giving us a hard time ?
"J9" Thank you for replying, and I was pretty positive that you were not on probation while incarcerated.
It's just that the "po" threatened to violate them again if there was any contact. Don't see how po can.. Deft. Don't need anymore violations..
AK lawyer
Feb 9, 2016, 10:20 AM
The "PO" has wide authority. While the person may not be strictly subject to or in violation if the protective order if it has been dropped, the PO can probably still require no contact. Has the probation been transferred to the new state?
You indicate that the person is incarcerated in the new state. Has this person made contract with you from jail? That, not merely being in jail in the same state, would be the "violation" (of the dropped protection order).
This whole thing doesn't make a lot of sense.
justcurious68
Feb 9, 2016, 12:27 PM
The "PO" has wide authority. While the person may not be strictly subject to or in violation if the protective order if it has been dropped, the PO can probably still require no contact. Has the probation been transferred to the new state?
You indicate that the person is incarcerated in the new state. Has this person made contract with you from jail? That, not merely being in jail in the same state, would be the "violation" (of the dropped protection order).
This whole thing doesn't make a lot of sense.
Ak Lawyer - No, it doesn't make no sense at all!
Thing is, this Person DOES have a PO here in the state they're incarcerated in,,
PLUS another PO from the state they normally reside in, which whom is claiming that according to "terms" of probation, there is to be NO contact...
This is very confusing.. I don't see how or understand how a PO from the home state can enforce rules in a diff. state where person is and has a PO and a voided protective order.
Thanks for your answer, I appreciate it.
Fr_Chuck
Feb 9, 2016, 08:51 PM
Normally if you are on probation and go to jail for a new offense, your probation may be revoked and additional prison time added. But it is up to the PO and/or the judge.
They could still be left on probation, while in prison, if the PO and judge for the probation decides to allow it.
Also even if, the probation was revoked, for sentence while in prison, the rules of that would still be active.
So while in prison they can not have any contact with you also. The prison should also be reinforcing that rule.
If the probation was not revoked, then yes it is still active and the PO can enforce it.
It is easy for a PO to enforce rules from one state to answer, it is called the law.
The rules of probation on a person, is active, no matter what state the probation person is living. While they may sometimes move the probation to the new state, they do not have to.
So yes, of course a PO from one state, can enforce the rules in another state. The rules apply to the person on probation.
justcurious68
Feb 10, 2016, 12:12 PM
Normally if you are on probation and go to jail for a new offense, your probation may be revoked and additional prison time added. But it is up to the PO and/or the judge.
They could still be left on probation, while in prison, if the PO and judge for the probation decides to allow it.
Also even if, the probation was revoked, for sentence while in prison, the rules of that would still be active.
So while in prison they can not have any contact with you also. The prison should also be reinforcing that rule.
If the probation was not revoked, then yes it is still active and the PO can enforce it.
It is easy for a PO to enforce rules from one state to answer, it is called the law.
The rules of probation on a person, is active, no matter what state the probation person is living. While they may sometimes move the probation to the new state, they do not have to.
So yes, of course a PO from one state, can enforce the rules in another state. The rules apply to the person on probation.
Thank you