Legal Question in Civil Rights Law in Michigan

My civil rights

My husband was aressted for indecent exposure, He has been told that he may not reside in a house with a computer or R rated movies, Adreamcast games system things of that nature. I am the one who has these things (the wife) my computer ect... He doesn't even know how to use these items except of course the movies. Does his probation officer have the legal right to make me get rid of my property and or make him live somewhere else if I dont comply?


Asked on 5/11/01, 10:22 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: My civil rights

No, the probation officer cannot make YOU get rid of property that you rightfully own.

However, s/he can make things entirely unpleasant for your indecently exposed husband (if he has a probation officer, then he wasn't just arrested,--he was convicted).

You might try asking a judge for some relief in the terms of the probation to allow you to keep both your video games/computer and your husband around, but don't count on it.

If you need your computer for work purposes, that would be a very good reason for you to keep it. You may just have to verify that he doesn't have access to it, by putting a password on it. THe law isn't inflexible, and it may also depend upon the length of the probation, so take a look at the entire situation and then see if you think your arguments are strong enough to sway a judge.

A lawyer can help you better by digging into the facts: shouldn't take some one who practices before your judge regularly more than an hour to give you a considered opinion on the likelihood of success.

I don't pretend to know much about the motivations for that sort of sex crime, but maybe his therapist would be willing to shed some light upon the issues for the judge. Wouldn't hurt to try! If his predisposition to expose himself (most people don't get caught their first time out, now do they!) is caused by excitement from video games or something, then you really do have to make a choice.

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Answered on 6/23/01, 6:47 pm


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