Fiance getting out of jail on probation soon...do I need to put my knives elsewhere?

[hyaena]

We share an apartment so I'm wondering if I need to keep my knife collection somewhere else, especially since it seems that I have some knives that are no longer shipped to California. We were thinking that maybe we'd say we were just housemates so my room would be off limits?

Thanks

 

[Krav]

I believe her probation will explain the dos and donts out. Had a guy working with me on probation before.
Conditions of that were no knives, pocket knives, fixed blades and such, of course he could use cutlery for food.

 

[5seven]

Better move them, they will do surprise visits and she will do more time if they find them. Definitely no guns, that could be a 10 year charge.

 

[hyaena]

Better move them, they will do surprise visits and she will do more time if they find them. Definitely no guns, that could be a 10 year charge.

Oh shit I forgot about my bb guns. Damn. I have a cool neighbor across the way. I'm a girl with a male fiance, by the way everybody haha.

 

[killgar]

I have personal first-hand experience being on probation here in California, and while probation can be different for different people I'll share some of my experience.

The terms of your fiance's probation will depend a lot on the crime he was convicted of. If it was a violent crime or a weapons offense the terms of his probation regarding "weapons" could be more strict than if it were a non-violent crime or one not involving "weapons".

A lot will also depend on his probation officer. Some are more strict than others. Some are very nice, and some can be real hard-asses.

I was required to report to my probation officer within 2 days of my release and attend orientation.

At orientation a probationer can get all of their questions answered. I suggest that you and your fiance write a list of questions, don't have him just try to remember them because the matter is too important to trust ones memory.

I was told that if I needed a knife for work that it would be permitted FOR WORK ONLY. People need to make a living, and probation doesn't want people to lose their job just because they aren't allowed to possess knives. If your fiance needs a knife for work he may be required to leave it at work or with his boss or supervisor.

I was also told that having a kitchen knife in my bedroom could be a violation. Like the way that some people keep a kitchen knife in their bedroom for home defense, that would be frowned upon.

But the bottom line is- All that matters is what HIS probation officer says. Have your fiance ask lots of questions, and get lots of answers. Then follow the "rules" to the letter.

And a BIG word of advice- DO NOT lie to his probation officer. Cops REALLY don't like it when they catch people lying to them. You don't want to piss off the cop who has the power to send your fiance back to jail. Never underestimate a cops ability to uncover a lie. Don't be surprised if your fiance's probation officer goes on the internet (like Facebook) in order to find info on your fiance, like any possible involvement in criminal or prohibited activity. Lots of criminals/probationers are stupid and will post all sorts of incriminating things on the internet for the whole world to see. And probation officers really appreciate it.

 

[5seven]

That is some great advice.

 

[John_0917]

He should ask his PO up front, no reason not to. Given that California has roughly a 75% recidivism rate for parolees, the odds are very much against him from the start, no reason to make it any worse. There will be a lot of conditions set up front, no guns/drugs/booze (or anything else fun), trying to find a job, AA/NA meeting, anger management etc. that will be absolute requirements, the knife collection question is more subjective and instead of lying or hoping for the best just ask up front and act accordingly.

Also, keep in mind that while on parole, you basically have no rights especially in the context of the 4th amendment. In normal speak, that means that he will not have the usual protections from warrant-less searches of his home like someone not on parole does. Basically, if his PO shows up at his home and says "let me in, I'm searching right now" he has to comply, refusing to do so is usually enough to land him back inside on its own.

In short, parole sucks...my close friend is a criminal defense lawyer and makes a VERY good living, mostly on repeat customers.

 

[killgar]

He should ask his PO up front, no reason not to. Given that California has roughly a 75% recidivism rate for parolees, the odds are very much against him from the start, no reason to make it any worse. There will be a lot of conditions set up front, no guns/drugs/booze (or anything else fun), trying to find a job, AA/NA meeting, anger management etc. that will be absolute requirements, the knife collection question is more subjective and instead of lying or hoping for the best just ask up front and act accordingly.

Also, keep in mind that while on parole, you basically have no rights especially in the context of the 4th amendment. In normal speak, that means that he will not have the usual protections from warrant-less searches of his home like someone not on parole does. Basically, if his PO shows up at his home and says "let me in, I'm searching right now" he has to comply, refusing to do so is usually enough to land him back inside on its own.

In short, parole sucks...my close friend is a criminal defense lawyer and makes a VERY good living, mostly on repeat customers.

There are big differences between parole and probation. Here in California, the conditions of probation tend to be even more strict than parole. I knew guys who chose to serve their full sentence in jail rather than go on probation. To them, serving another six months in jail was preferable to three years of living under probation's very strict rules, and very strict probation officers.

Of course, just like a person on parole, a person on probation has to temporarily sign away their 4th Amendment rights. Which means they can be stopped and searched on the street without the need for "reasonable suspicion", and their vehicle and home can be searched without a warrant or consent.

I was not required to undergo drug testing while on probation, nor was I prohibited from drinking alcohol (though I don't drink to begin with) because neither drugs nor alcohol were involved in my case.

I had a friend on parole, and his parole officer didn't care if he smoked pot. They didn't even test him for pot. As long as his drug test didn't show heroin or cocaine he was fine. As I recall, smoking pot is forbidden for people on probation in California. This is one of the main reasons why some choose to serve their full sentence in jail rather than accept 3 years of probation. They preferred a few more months in jail rather than three years without pot.

My friend also had a crossbow hanging in his bedroom. He thought his parole officer would object. But he didn't care at all. As long as my friend didn't have any guns his PO was happy. In contrast, I knew of at least one probation officer who objected to their probationers having a multi-tool if it had a knife blade in it, or even one of those mini key chain SAK's with the scissors, nail file, and knife blade.

Of course different peoples experiences will vary.

My general advice is- Stay out of trouble. And stay off probation. Because probation sucks.

 

[John_0917]

There are big differences between parole and probation. Here in California, the conditions of probation tend to be even more strict than parole. I knew guys who chose to serve their full sentence in jail rather than go on probation. To them, serving another six months in jail was preferable to three years of living under probation's very strict rules, and very strict probation officers.

Of course, just like a person on parole, a person on probation has to temporarily sign away their 4th Amendment rights. Which means they can be stopped and searched on the street without the need for "reasonable suspicion", and their vehicle and home can be searched without a warrant or consent.

I was not required to undergo drug testing while on probation, nor was I prohibited from drinking alcohol (though I don't drink to begin with) because neither drugs nor alcohol were involved in my case.

I had a friend on parole, and his parole officer didn't care if he smoked pot. They didn't even test him for pot. As long as his drug test didn't show heroin or cocaine he was fine. As I recall, smoking pot is forbidden for people on probation in California. This is one of the main reasons why some choose to serve their full sentence in jail rather than accept 3 years of probation. They preferred a few more months in jail rather than three years without pot.

My friend also had a crossbow hanging in his bedroom. He thought his parole officer would object. But he didn't care at all. As long as my friend didn't have any guns his PO was happy. In contrast, I knew of at least one probation officer who objected to their probationers having a multi-tool if it had a knife blade in it, or even one of those mini key chain SAK's with the scissors, nail file, and knife blade.

Of course different peoples experiences will vary.

My general advice is- Stay out of trouble. And stay off probation. Because probation sucks.

I should clarify, I was only talking about parole. As you pointed out, probation can be even worse, especially given the local supervision.

For some reason, I was thinking about Texas and not California, we generally don't release people onto straight probation from county jails, it is more like the normal parole but is monitored by the county in which the offender resides and usually has a million and one rules and fees. Parole is run by the TDCJ, who also run the state prison system, and is charged with monitoring offenders after they are released from the big house.

I think the last piece of advice is spot on, stay out of trouble...probation sucks, jail sucks too...it is no fun to have to shower sitting down.

 

[gadgetgeek]

Ask up front, be as honest and open as you can. Remember that there is every chance that your and his social media and even stuff like here will be looked over from time to time. best to be showing a "nothing to hide" image rather than getting in trouble. maybe keeping the collection out of the house is good enough, maybe its not, but you don't want to end up in a damned if you do, damned if you don't situation.

Even relationship wise, depending on what he was in for, keeping that out in the open may help his case as far as "hey look, I'm an adult now" and gives you more rights, if you are just housemates, then you don't matter as far as the system is concerned. It may not matter, but it won't hurt. hiding it, and then you end up on facebook trying on dresses will raise eyebrows and make people wonder whats going on.

Good luck, sounds like he's a lucky guy to have someone on the outside willing to help him out.