Legal Question in Criminal Law in California
in 2003 my boyfriend (at that time) who is now my husband and I were convicted of theft and receiving stolen property and we both spent about 5 years in state prison... I got out 10 months earlier then him and by the time he got out I had a good job, my own business, and was about to discharge parole, which I did in November 2008. He has been on parole now for about 20 months and his parole officer was going to put him up for discharge in July... We were in close contact with her and had a good repore and he has not had any major problems except that his parole was initially in Long Beach and I was living in Granada Hills and when she tried to transfer his parole they wouldn't accept him here so we (technically) moved his to South Central Los Angeles where I own a duplex that is a sober living... so last month his parole was transferred to the Huntington Park office and his new parole officer showed up at the sober living at about 10:00am to be told that he was already gone for work... his parole officer told the other residents that he would return the following day and if Eric wasn't there he would issue a warrant... He came and saw him and told him that he was no longer on mail ins and he was putting his security level higher and all this stuff and Eric asked why and was not given an answer... Eric asked when he was supposed to see him again and he got no answer... then about 3 days ago the parole officer showed up at the sober living at 10:30am again and the resident that was there told him that Eric had left to work already... The parole officer was yelling and cursing and stated that he was issueing a warrant for his arrest... so the next day I went in to talk to his supervisor who basically told me that he would put Eric in jail or do what ever else he wanted and there was nothing that I could do about it... he told me that Eric had better be in to see him the following day or he would issue the warrant himself... We came in again yesterday and they made me wait in the lobby while they took Eric back... when he came out again he told me that they had made him up new conditions of parole that he could have no contact what so ever with me (which by the way we were married the day before so I am his wife) and that the only contact that he could have with his children was by telephone... they told him that he could no longer work for our business and that he had to be moved out of the sober living by this morning and have a new address or he was going to make him go into a program and Eric didn't do anything wrong... can they do this to us? Do I have any recourse?
Thanks... JoDee
3 Answers from Attorneys
I have had some experience in cases where husbands and wives were arbitrariily separated by parole agents, and I would very much like to hear from you.
Unfortunately, this is not the type of question that can or should be answered on this type of forum. You need to contact an attorney immediately. You will need someone who has experience with the Parole system. Parole officers have a lot of power and some of them can be very difficult. This is not something you can handle on your own. Do not waste any further energy or time trying to do this on your own or trying to figure the "why's" or the "what's" about it. Get an attorney.
Good luck,
Brian McGinity
You should NEVER post so much personal information on a public forum like this, where it is visible to the entire world, including your parole officer.
Attorneys who answer questions on LawGuru have the option to reject questions that contain private information.
Unfortunately, the two above got to this question before I did... and, by answering it, guaranteed that it will be visible for years to come, unless LawGuru takes it down.
I would strongly encourage you to contact LawGuru and ask to have this removed.
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