View Full Version : Moving on Federal Supervised Release


piper cub
10-11-2005, 01:34 PM
My husband is going to a halfway house in 26 days!! Yeah. I called his PO to find out what we would need to do in order to move to another house. (same city, bigger house). Basically he told me that we could not move after he comes home on supervised release. I was floored. I moved into a tiny cheap house (two bedrooms, five kids ugghhh) while he was gone to save money. Well, for me to afford our five kids on my pay alone. Now that he is coming home and has a great paying job waiting for him we planned to move back to a house that fits all those kids again. And this guy tells me no, not while on supervised release. What!? He has paid his court appointed restitution, however we are still working with the IRS on the repayment plan. Anyhow he said while we still owe the IRS, if we can afford a bigger house than we can afford to pay more to them. He has three years supervised release. That's a long time. He suggested that if I wanted to move I had better do it before he comes home, that way he (the PO) would have no say in it yet. Except I need my husbands income to get the bigger house. Hence, move after he returns. Anyone ever run into this problem? What to do?

Geek
10-11-2005, 06:27 PM
I have not yet surrendered, so I have a while before I need to worry about this kind of crap. However, I have discussed many hypotheticals with my legal team. Basically, when you get a difficult probation officer, you can just go to the judge and ask him to order whatever you need to be allowed.

While on pre-trial supervision I have been able to freely travel the country and have had virtually no restrictions. My attorneys got a handfull of orders from the judge over the supervision time that allowed for this. I have been told that it will not be much different while on supervised release.

The moral of the story, just have your attorney get the judge to order the allowance of your move.

toddslady
10-13-2005, 03:54 PM
I am on home confinement right now at my mother's from the halfway house. I have talked to my PO, and my mother has talked to my PO on several occasions. My release site is my mother's, but I own my own house. My PO told both me and my mother that I can move back to my house whenever I am ready once I go on supervision. That is the way that it is with all the POs in Houston and Galveston. They tell everyone that you can move where ever you want to, as long as it's in the same district. You obviously can't move out of district without doing a relocation. Your husband's PO is mistaken. I don't know what to tell you except maybe check with the head of the probation department.

mikeinflorida
10-13-2005, 04:04 PM
My husband is going to a halfway house in 26 days!! Yeah. I called his PO to find out what we would need to do in order to move to another house. (same city, bigger house). Basically he told me that we could not move after he comes home on supervised release. I was floored. I moved into a tiny cheap house (two bedrooms, five kids ugghhh) while he was gone to save money. Well, for me to afford our five kids on my pay alone. Now that he is coming home and has a great paying job waiting for him we planned to move back to a house that fits all those kids again. And this guy tells me no, not while on supervised release. What!? He has paid his court appointed restitution, however we are still working with the IRS on the repayment plan. Anyhow he said while we still owe the IRS, if we can afford a bigger house than we can afford to pay more to them. He has three years supervised release. That's a long time. He suggested that if I wanted to move I had better do it before he comes home, that way he (the PO) would have no say in it yet. Except I need my husbands income to get the bigger house. Hence, move after he returns. Anyone ever run into this problem? What to do?

I don't think they can do that. If your husband is paying restitution that is all that matters, BUT, make sure the judge did not say something, like your husband won't be allowed to take a line of credit, etc....

Mike

captainjack
10-13-2005, 05:16 PM
I personally am on fed supervised release in SC. I have moved several times. You can move, but the rules reuiqre that you give the PO 10 days notice prior to doing so. The PO can tell you not to move if there is a problem with the neighborhood, or you have no job at your new locale, etc.
As others have said here, yes, you can go directly to the judge. Keep in mind though, that if you get in an antagonistic relationship with the PO it could cause problems in other areas. Document everything and keep your ducks in a row. Always act in good faith. Judges will overrule PO's because the actually works for the judge. This guy sounds like he/she is either new or difficult. One thing about moving is that you will be assigned a new PO if you move out of the area that PO woks. I personally know several people who have moved for just that reason. Good luck.

manchester03
10-13-2005, 09:09 PM
A good point was made, you dont really wanna piss off the PO unless you really have to. I would go to his supervisor first and point out that he would have to give a good reason to not allow a move.