Can I visit my husband in prison when I am on probation?

UPDATED: Jan 6, 2011

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Can I visit my husband in prison when I am on probation?

We just got common law married in the state of KS. We signed the legal papers and everything and we are legally married. Our cases are in no way connected. This was something that happened after he went to prison and it is not even close to the same offense. Mine is a 3rd petit theft. When he was my fiancee my PO was letting me go see him but than my PO changed and he says no. He wont give me a reason just no. He also says that even though we are married he can still keep me from seeing him. I am trying to find out if that is true.

Asked on January 6, 2011 under Criminal Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What are the terms of your probation?  I am guessing - and am pretty sure that it is a good guess - that one of the terms of your probation is that you are not permitted to hang out with (or be in the presence of) others that have been convicted of a crime or on probation (felons perhaps it says?) and that visiting him would be a violation of your probation.  If you think that this is not true then I would seek legal help in your area.  You do not want to violate probation as then your probation could be revoked and you could be sentenced to jail time that you would have gotten when you got probation instead.  Good luck.

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