Q: Can I being on Probation and house arrest marry my fiancé who is on federal parole? I am on house arrest for my 3rd DUI. He came home 6 months ago from the Federal prison. Are we still able to get married and if so how do we go about it the correct way without getting into extra trouble. (Coraopolis, PA)
A: Sounds like you have some common bonds. I can’t think of anything that would legally prevent your marriage unless it violates the terms of either of your probation about not associating with each other. If it is not specified in the written sentencing order or probation condition documents, the probation officer can still object to you cohabiting due to a history of drugs, domestic violence or other criminal behavior. In that case, you can might be able to put a motion in front of the judge asking that such condition be lifted.
Q: My father is 73 in poor health and I am trying to find a way to get him to be able to live in his home with my mother. He has been out of jail for over 2 years with no issues. Is there anything I can do to modify his conditions, so he would be able to move back? (McKeesport, PA)
A: There is too little information here. If for whatever reason one of the terms or conditions of his parole or probation is that he cannot live with your mother, you will need to ask the judge whose probation he is on or the PA Board of Parole and Probation. He may be out of the time limits to file a modification of sentence. However, much more information is needed so I suggest you contact him or his attorney.
Q: Me and my ex caught some serious charges of robbery and burglary. I got a lesser sentence because I did not enter the house. He got sentenced to state prison. Now that the case is closed am I able to write him at least? I am currently on two years-probation for this case. I have lots to tell him and I would like to write to him. (Clymer, PA)
A: If it is not a condition of his or your probation to have no contact, you probably can. You may want to ask your attorney before you do so. If you state things in writing relating to the case that would be contrary to your prior sworn statements, it could open you up to criminal prosecution (i.e., False Statements to Law Enforcement or Perjury if you ever testified). Please remember, the mail is opened at the jail before he receives it.