Legal Question in Criminal Law in California

Special Agent Parole Agent makes own conditions

My husband is on parole after serving a short prison term. His crime was using anothers ssn (a relation with the same name) to purchase a vehicle and for his own financial gain. He was originally arrested for spousal abuse (& found the warrant) for which he served 30 days in jail, must complete DV classes & has probation. There is a No Math Order-no molest, abuse threaten or harass-in place VS a no contact order. His Probation Officer (he says) told him one of his conditions of parole was NO CONTACT with me whatsoever. I checked with the courts and no such order is in place. I have a copy of the No Math & it has also been seen by the DV specialists who agree it is a no math. Are Parole Officers entitled or charged with placing conditions such as a No Contact Order in place for Parolees to follow without a court order to back it up? If not, what can we do about it. If so, how can we challenge or change this? This No Contact is NOT protecting me in the slightest, but has me homeless, without transportation or income in a strange city where I have no family nor friends. (note: it is not feasible for me to return to my out-of-state home where the conditions would be the same, but weather very cold.) Suggestions?


Asked on 7/12/08, 10:29 am

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Special Agent Parole Agent makes own conditions

State Parole may issue special terms of Parole that do not need support by any Court order...Your Husband can ask parole to lift/modify it's order and to tell probation...not to mention how in the world did he end up w/both probation and parole???????Should have terminated probation upon incarceration in State w/CC time???

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Answered on 7/12/08, 7:10 pm


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