legal rights of persons residing in same place as parolee

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legal rights of persons residing in same place as parolee

Upon a parole search at my home where my son is a parolee, I was subjected to search and interrogation and placed under arrest for under the influence and 12403.7(B) addict on possession of teargas. However I am not on any type of probation and/or on parole and have never even been convicted of a felony.

Asked on April 16, 2009 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, let's start from the beginning.  Unlike probation, parole is a privilege and it doesn't mean the end of the jail term -- it simply means you have to behave yourself, which means you will be subject to search.  However, it also means whoever is in the home is also subject to such search -- if an officer is searching the home and finds such items, and those items are yours, then you will be under arrest.  If this is your first such arrest, I would say you should look into hiring a criminal defense attorney to help you through it.  I say this because first timers tend to get better deals during plea bargaining with the prosecutor (i.e., may not even due jail time, low fines).  Other issue is if you do get convicted, neither you nor the parolee can associate with each other if your conviction is a felony.

Try the California State Bar, www.attorneypages.com, and double check the lawyer's record on the State Bar's attorney search.


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