QUESTION
Can a person on parole be negated for violating just a no contact that was issued by their parole agent?
Asked on Aug 23rd, 2012 on Criminal Law - Rhode Island
More details to this question:
I have two kids with this man. He got off papers doing three years. He has been at the same job for nearly two years and he is having a hard time getting a place to live. Landlords tell him that there are too many people or that he does not make enough. We are both trying to work out our relationship and get our girls back together because we want to be a family. I, on the other hand, have not had any police contact or caught any new charges. I am trying to rehabilitate into the community the right way. However, I constantly am thrown in jail for having contact. We have been together for eleven years and never caught a case together. The parole does not want to lift it for their personal reasons.
15 ANSWERS
A violation of any parole condition may result in a revocation particularly if there have been numerous instances. A person can petition the parole board to amend the conditions but just continuing to violate is not the answer.
Answered on Aug 29th, 2012 at 11:15 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Until that no contact order is lifted, you cannot have contact. If you feel that you have been wronged, bring a motion before the sentencing judge.
Answered on Aug 27th, 2012 at 12:37 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Negated? If you are asking whether terms of parole or restraining orders can be changed, yes, by filing appropriate motions and convincing the judge to do so for good cause. Not easy, not guaranteed, and not cheap.
Answered on Aug 25th, 2012 at 1:45 AM
Michael J. Breczinski
Parole is privlege and the only way to modify this would be to appeal to the parole board.
Answered on Aug 25th, 2012 at 1:44 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Violate a parole order and go back to the joint - no matter how stupid the order is. All you can do is go back to court and they most likely will not do anything about it.
Answered on Aug 25th, 2012 at 1:43 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If there is a no contact order against you, then you can be arrested for violating that order.
Answered on Aug 25th, 2012 at 1:43 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You have to go to court and explain why the no contact should be lifted only the judge can modify the no-contact order.
Answered on Aug 24th, 2012 at 4:04 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Unless you get the no contact order lifted you will continue to be jailed for violating it. Hire an attorney to challenge the order.
Answered on Aug 24th, 2012 at 4:03 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Fighting parole is very difficult. If they have a justification - even of its not a strong one - for the no contact it is difficult to get them to change. We can help but a fight like this is expensive and may not succeed. I wish I had a better answer.
Answered on Aug 24th, 2012 at 4:03 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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File a Petition for an Evidentiary Hrg. to Modify the Parole Terms.
Answered on Aug 24th, 2012 at 4:03 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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The answer is yes.
Answered on Aug 24th, 2012 at 10:54 AM
Dennis P. Mikko
When on parol, you need to follow the rules and requirements of your parol agent. If you check your court orders there is most likely a provision requiring you to follow the reasonable requirements of your parol officer. Failure to do so could be grounds for a parol violation.
Answered on Aug 24th, 2012 at 10:52 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Ask your parole officer or you need to retain counsel to do a detailed analysis of the law as it applies to the specific facts of your case.
Answered on Aug 24th, 2012 at 10:50 AM
Keven A. McKenna
On what basis does Parole have a right to stay contact? File a motion in his case to void no contact order.
Answered on Aug 24th, 2012 at 10:50 AM