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New Member
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Jan 16, 2012, 01:07 PM
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I'm a convicted felon and my fiancée can't be around convicted felons?
I'm a convicted felon(nothing violent or sexual or drug related)However I have met someone who I am emotionally involved with who got into some recent trouble and is now also a convicted felon on probation. One of the conditions is she is not supposed to be around any other convicted felons or it will break her probation. We care very much for one another and have thought about marriage. My felony was almost seven years ago. And I also do ministry work(which is how we met). We are a great support to one another and now we are worried about this.
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Uber Member
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Jan 16, 2012, 01:42 PM
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She knows she can't be in the company of another convicted felon. If she is found to be in your company she will violate her probation and go to jail - but you already know this.
How much longer is she on probation? Is she willing to go to jail for you?
She can always go back to Court, request jail time instead of probation and get off probation.
There is occasionally a Motion on this subject where I am (NY) and the terms of probation are reviewed and changed - but that very seldom happens.
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Expert
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Jan 16, 2012, 06:03 PM
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Originally Posted by JudyKayTee
... There is occasionally a Motion on this subject where I am (NY) and the terms of probation are reviewed and changed - but that very seldom happens.
And of course to make the motion she would have to admit that she has already violated probation; which would be very risky.
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Expert
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Jan 16, 2012, 07:58 PM
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Yes, she can not be around you, it only takes one person mad at you or her to call the PO. If you had the relationship prior to probation, and she already ( as she should have listed her relationships) has she discussed her boyfriend.
But I know my son was ordered not to see his girl friend when he went on probation, he was sent back to jail because he keep seeing her.
So if you see her, she can go back to jail, unless the PO gives her written permission to see you.
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New Member
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Sep 10, 2012, 08:29 PM
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If you get married they can't violate you for association if do get caught together.
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New Member
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Sep 10, 2012, 08:32 PM
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If you get married they can't violate you for association if you do get caught together.
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Uber Member
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Sep 11, 2012, 04:55 AM
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Originally Posted by FaithRahhal
If you get married they can't violate you for association if do get caught together.
This is a legal board - please post your source. Note that are marrying AFTER he has been told he cannot be "around" convicted felons.
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Uber Member
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Sep 11, 2012, 05:10 AM
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Hello Judy:
It would be a technical violation up to the moment when the preacher said, "I now pronounce you man and wife".. I don't think a PO would violate her, and if he did, I don't think a judge would sustain it...
But, who knows? They are pricks, after all.
excon
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Expert
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Sep 11, 2012, 07:51 AM
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Originally Posted by excon
Hello Judy:
It would be a technical violation up to the moment when the preacher said, "I now pronounce you man and wife".. I don't think a PO would violate her, and if he did, I don't think a judge would sustain it...
But, who knows? They are pricks, after all.
excon
It wouldn't be a "technical violation" after they become man and wife?
Sure it would. "Around" is around. Spouse or not. :)
Freedom to marry is withiin one of those penumbra which the justices of SCOTUS think they have discovered. However felons don't have constitutional rights, so it doesn't matter. :)
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Uber Member
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Sep 11, 2012, 08:05 AM
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Originally Posted by excon
Hello Judy:
It would be a technical violation up to the moment when the preacher said, "I now pronounce you man and wife".. I don't think a PO would violate her, and if he did, I don't think a judge would sustain it...
But, who knows? They are pricks, after all.
excon
Hello Excon -
If your PO says not to consort with felons and you marry one I suspect you'll get violated.
But I've been wrong before.
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Uber Member
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Sep 11, 2012, 09:55 AM
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Originally Posted by AK lawyer
Sure it would. "Around" is around. Spouse or not. :)
Hello lawyer:
Apparently, the marriage laws are stronger than the probation laws.. They CAN'T prevent a husband and wife from LIVING together... Oh, they can SAY it's a violation, and probably will.. But it won't be sustained..
excon
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