Legal Question in Criminal Law in California

Re: What rights does my parolee husband and I have

It appears from your statement that your husband is on parole from another matter. And the spousal abuse case is a new matter.

A prisoner accepts parole on certain conditions. If he doesn't want to abide by these conditions he may serve out his time. Your husband is stuck with complying with his parole officer's instructions.

Unfortunately your husband probably needs you to testify for him and your decision to take the 5th is very likely ill advised. You need to talk to an attorney, and he needs to discuss your testimony or lack thereof with his attorney.

This relationship you have with your husband may be a toxic relationship, i.e., you're not each others best friend. You should seek some marriage counseling with him. His parole officer may substitute marriage counseling for part of the anger management classes. Remember the parole officer simply wants to cover his/her ass.

One of the conditions of parole is normally that a parolee has no police contact. The parole officer has a duty to assist the parolee in avoiding people or places that will lead them back into a life of crime and eventually back to prison. This means you too.

With Three Strikes, when a lie by you might send your husband back to prison for life, you're a luxury that your husband can ill afford.

You and your husband need to live together a lot smarter. If the relationship is too volatile the parole officer has the right to keep you apart. And the parole officer has a duty and right to keep yuou apart. You need marriage counseling.

Your cooperation in the classes and going to marriage counseling will greatly assist your husband. If there is no insurance, money to pay for marriage counseling is always a problem. Then go to one of the Twelve Step Programs like AA together. They are free.

You both would need to go to anger management classes or AA or whatever you settle on. The parole officer is more likely to allow him to stay with you if you are also working on your anger and other emotional problems.

If he wants to stay out of prison he needs to play the system a lot smarter than he has been. And you need to help him.

If this is a new charge it is very likely when this matter is over they will violate his parole and send him back to prison. so you both need to be very smart and play the system. Which means a lot of classes, AA meetings, etc., and no police contact.

Lots of luck.