Legal Question in Criminal Law in Michigan
Parole conditions
My son will be released from MDOC next month. A year ago he took a plea to CSC over the internet and received 1-10 yrs. My son's crime was non-assaultive. There are no victims. We've been told that, although his 16-yr-old sister was excluded from his bond conditions (no contact w/ minors) and was allowed to visit him in prison, that he can't return home due to the fact that she lives here. Are the conditions imposed upon parole really rules/laws or merely guidelines? It's hard to fathom that he can't have contact with his own sister and that the state will house him elsewhere for 30 days and then he'll be on his own--probably on the street. Parole board cited strong family support as one of the reasons he was granted parole and now the parole dept. intends to keep the family apart? I have to choose between my children? This seems utterly ridiculous given the facts of his case and that we very much want him home where it won't cost the state a dime. Do I have any chance of having him returned home?
1 Answer from Attorneys
Re: Parole conditions
Your question is why you "have to choose between your children" and how you can have your adult son returned to your home so you can have your children back in your care???
This older "child" is an adult, ma'am ... old enough to go to prison for a felony. Maybe the best thing for him is to begin to grow up and act like an adult ... including providing a roof over his own head!
Your son's crime is NOT a victimless crime. Sure, he was caught in some internet sex thing where (luckily) an adult cop was on the other end of the line ... but you are deluding yourself if you think that that was a one-time incident, or that he had not intended at that moment to engage in a sexualized 'chat' with a real minor/child. That kind of depraved behavior raises a legitimate, logical risk that he would act out sexually if he was around other minors/children ... even his own sibling. You may not have ever seen this behavior with your own eyes (and, thus, are like a Doubting Thomasina), but this conduct is rarely done with mommy sitting next to the surfing perp.
This isn't about YOU. It is about protection of society (whether it's in your neighborhood or somewhere else in the world where a child is on the internet and is preyed upon by a sick adult). And logic suggests that since your son's criminal behavior happened under your nose before, society won;t be any safer if your son is placed back in your care.
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