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Federal Probation, Supervised Release, Halfway House and Community Supervision This forum is dedicated to information & discussions relating to U.S. Federal Probation & Community Supervision, including half-way houses.

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  #1  
Old 01-13-2006, 02:29 PM
roscoecoaltrain roscoecoaltrain is offline
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Question Husband released from federal prison and probation now says we can't live together?

I am hoping that someone reading this will be able to help or give me information. My husband Doug has recently been released from federal prison (Sheridan, OR) and now has four years of probation. His PO is telling us that we can not live together and Tuesday had Doug meet with him and his supervisor to start a revocation. I am medically retired with 100% disability from the Army where I served Honarably for over 10 years. I have never had any felony charges or been in any trouble other than traffic violations. Doug went to prison on conspiracy charges in 1999 for 3 years and had been out about 18 months when we met. He told me when we first met that he thought he would be going back for a PV, two hot UA's. The next day he was sent to a Pre release. He had another hot UA in the pre release and two months after we got together he was sent back to Sheridan for 8 months. He got out in November 2005. Now his PO is telling us that we cannot live together or have any contact. When we ask the PO why he says because of my history. I have no record. Unless honarably serving in the Military is a bad thing? Where can I get help and information on what authority the PO has to do this? I am raising a 3 year old boy who thinks of Doug as his Papa. Doug is the only father this child has ever had. The PO will not even let Doug see the baby. Since the meeting with his PO I have moved to my sisters until we can figure out what to do. We do not want Doug to get in more trouble so we are complying until we can do something else. The one being hurt most is the baby who keeps saying he wants to go home to his Papa.

I would really appreciate any feedback that could be helpful here. I have spoken with a State Probation Officer but he told me that Federal Probation Officers go by another set of rules than state but he did not think it was right what the Federal PO was doing.
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Old 01-13-2006, 02:58 PM
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SusanT SusanT is offline
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Something definitely seems wrong here and only by learning what their reasoning is can you challenge the decision. Have you read the PSR? Could there me some wrong information in there? I've known of cases where two sisters (one on state probation and the other federal) both lived in their mother's home upon release.
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Old 01-13-2006, 05:03 PM
KrisFedInCali KrisFedInCali is offline
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If he qualifies for a public defender, he should be able to get their assistance. Otherwise maybe hiring a good attorney would be an option? It seems like a tough thing to challenge on your own, since (I think) the court would have to be involved in order to order a change in supervision terms. (??? I'm not sure here, but I definitely recommend seeking counsel). Hopefully Federal PO will step in and shed some light here.
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Old 01-15-2006, 11:42 PM
Federal PO Federal PO is offline
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I would make a polite request to meet with the officer to explain what in your history is preventing the defendant from residing with you. If he refuses, agan, POLITELY, ask for his supervisor's name, and ask to speak to the supervisor. Just explain that you are unaware of anything in your history that would make you ineligible for him to live with. If it winds up in court, just have the attorney make them prove why he can't live with you.

If you have no criminal record, no drug history, no family ties to other criminals, and were not involved, even as an uncharged party in his case, the fact that you two are married is a strong hurdle to overcome to most judges to deny him residency.
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Old 01-16-2006, 01:49 AM
dimes_2_dubs dimes_2_dubs is offline
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I think that you just need to go over who ever's head is telling you nothing to you get the answers that you are looking for. They have to give either you or him an explanation of why he can not live with you. There has to be some reason why they are not allowing it. Was your name in his paper work any where when he was sentenced? I would not settle till I got some straight and truthful answers.
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