Federal Courts Cannot Restrict A Convicted Sex Offender From Seeing His Own Children

Neither the Court nor Probation can prohibit you from access to your own children without justified reason to do so.  In this day and age, Courts and Probation officers bend over backwards to restrict convicted sex offenders from being around children – any children – even their own; regardless of whether the underlying conviction or crime had anything to do with that person’s children.  Courts and Probation Officers generally take the ultra-conservative approach and prohibit convicted sex offenders from visiting with or having access to their own children.

In US v. Wolf Child, the trial court imposed a special condition of supervised release after the defendant pled guilty to attempted sexual abuse.  The special condition prohibited the defendant from residing with or being in the company of any child under the age of 18, including his own daughters, and from socializing with or dating anybody with children under the age of 18, including his fiancé, unless he had prior written approval of his probation officer.  This special condition was imposed without first making any specific findings regarding the necessity of such a restriction.

The defendant hired a criminal defense attorney and appealed that condition.  The Courts ultimately found that the fundamental right to familial association is a “particularly significant liberty interest.”  The Courts held that the special condition was not only substantively unreasonable in the defendant’s particular case but was overly broad both by virtue of its all encompassing prohibitions regardless of the circumstances.

It is critical that you consult with and hire a criminal defense attorney who is well-versed in Federal Criminal Law before (and even after) accepting a plea.

Get the competent representation you will need for your defense.  Wallin & Klarich has been handling Federal Criminal Defense cases for decades.  Contact the attorneys at Wallin & Klarich to help you in this difficult and stressful time in your life.  Visit our website at www.wklaw.com and feel free to call us at 888-749-0034.  We will be there when you call.

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