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hjb123

Felony Probation and getting married question

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I am in county jail on an agents warrant (no bond) for my first and only violation ever at 4 1/2 out of 5 years of successful probation. For space and time I am including only the bare bones of my issue but if you need more info to help me I'm more than happy to answer. A condition of my probation is that I not have contact with my boyfriend. It was given about 2 years ago because I was not officially divorced from my now ex husband (finalized 17 months ago). The PO that created that condition said when I was divorced, he'd remove it. 5 POs later, he's not even a probation officer anymore and no obw knows except he and I apparently why he gave it to me. He was only my PO for 2 weeks. Anyway, we never stopped seeing each other and lived together for a year before they came to our house and found him there. I'm trying to find out if we get married while I'm in jail, is that a probation violation? I'm in county jail, and not being supervised by probation right now I'm thinking... And if we do get married, will it change things probation-wise? We want to be married anyway... I've been with him for 2 years, no violence/drugs/criminal activity... He has a good job etc... And I didn't leave my ex husband of almost 20 years for him either. My ex and I had been legally separated for almost a year before I met my current man. Not sure if this matters but I'm in Idaho.

Thanks

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You realize you have been in violation of you probation for 4 1/2 years.  There is one sure way of not having this as a condition of probation or parole.  Do your time in prison and then there will be no conditions on your release.  Getting married while in jail, will change nothing, you were in violation of your probation.  You need to meet with a criminal law attorney in Idaho to discuss your options.

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"A condition of my probation is that I not have contact with my boyfriend. It was given about 2 years ago because I was not officially divorced from my now ex husband (finalized 17 months ago)."

I've no idea what the law is in Idaho as to probation officers being able to impose conditions and whether they are considered an arm of the court authorized to so do.  (It wouldn't surprise me if the court in question didn't think twice about it if someone asserted there was a probation violation, and there having yet been no hearing on the topic.)  I'd have spoken with a criminal at the time the PO imposed this condition.

 

Naturally, unless the probation officer is a woo-hoo religious type, I can't fathom why there'd be discussion of you having a boyfriend while married (or why you'd entertain discussion on such a topic).  UNLESS, that is, your boyfriend is a convicted felon.

 

"5 POs later, he's not even a probation officer anymore and no obw knows except he and I apparently why he gave it to me."

Not sure who "they" are in "they came to our house and found him there."

"I'm trying to find out if we get married while I'm in jail, is that a probation violation?"

If a (valid) condition of probation exists that you aren't to be in contact with the person you intend to marry, I wouldn't be contemplating marriage if you're already in jail on a probation violation related to this person.  :)  Whether you want to enter into marriage as some kind of tactic, I don't know.

Please discuss with a local criminal defense attorney (the public defender's office if need be when appropriate).
 

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 I'd have spoken with a criminal at the time the PO imposed this condition.

 

I rather think that speaking with a criminal wouldn’t be the best course of action here.  :D 

 

I assume you meant that you’d have spoken to a criminal defense attorney. That, of course, would be an excellent idea. 

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