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Removing a Probation Regulation

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  • 10-06-2009, 02:34 PM
    Rms1993
    Removing a Probation Regulation
    My question involves criminal law for the state of: New York
    I've heard that you can shorten probation by writing a letter asking for your probation to be shortened. This made me wonder if you can write a letter asking for a regulation to be removed.

    My ex has been told to stop contacting me. I'm not exactly sure why, because she did nothing wrong to me. She said her mom call probation complaining about the two of us (our age difference....she is 4 years 1 month and 20 days older). We were already asked to stop seeing each other by our parents, but now her mother went and got the law involved and probation acted by saying that we can't even contact each other anymore until I'm 17.
    I'm not 17 for 1 year 1 month and 24 days.

    I'm wondering if my mom and I can write a letter to probation asking for them to allow us to contact each other. If this is possible, where would I start in doing so? And if this is not possible, what is possible besides waiting until I'm 17...if the regulation can't be completely removed, can it at least be shortened? All help is gladly appreciated. Thank you so much in advance!
  • 10-08-2009, 12:25 PM
    Mr. Knowitall
    Re: Removing a Probation Regulation
    So basically your ex- is twenty, you're fifteen, and you're upset that you're no longer able to date her? And this followed one or both of you ignoring your respective parents' instructions that you were not to see each other? And she's on probation for a few years, suggesting she has a felony conviction of some sort?

    You can send whatever you want to the probation officer. You have no standing to object to her terms of probation, or to bring a motion for modification of those terms, so the net result may be that the probation officer puts your correspondence right into the proverbial circular file. (Your request could have the opposite effect from what you intend - it's possible that the correspondence will convince the probation officer that the restriction was and is a good idea.) What happens is up to the probation officer, but I expect that if the probation officer found sufficient cause for concern to impose this condition the probation officer will see little reason to lift it early.
  • 10-08-2009, 02:24 PM
    Rms1993
    Re: Removing a Probation Regulation
    Quote:

    Quoting Mr. Knowitall
    View Post
    So basically your ex- is twenty, you're fifteen, and you're upset that you're no longer able to date her? And this followed one or both of you ignoring your respective parents' instructions that you were not to see each other? And she's on probation for a few years, suggesting she has a felony conviction of some sort?

    You can send whatever you want to the probation officer. You have no standing to object to her terms of probation, or to bring a motion for modification of those terms, so the net result may be that the probation officer puts your correspondence right into the proverbial circular file. (Your request could have the opposite effect from what you intend - it's possible that the correspondence will convince the probation officer that the restriction was and is a good idea.) What happens is up to the probation officer, but I expect that if the probation officer found sufficient cause for concern to impose this condition the probation officer will see little reason to lift it early.

    She's almost 20 and I'm almost 16. I don't know when her probation gets done though. I think she may only have another year. Why don't I have a standing though? Why not? They didn't even have the courtesy to contact me and tell me why I can't talk to her. I'd at least like to understand why I can't contact her. And since she never harmed me in any way, I see no reason why if our parents approve of us contacting each other that they wouldn't reconsider.
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