Can a Probation Officer stop two felons from getting married?

That's a very interesting question. I've never had this situation come up. Perhaps some other attorneys will weigh in as well. Most felony probation orders have as a condition that the offender is not to associate with anyone that they know to be a felon. People who are on probation and those who are in prison relinquish many of their rights. The case law that I have reviewed indicates that the court CAN prohibit you from associating with her even if you plan to marry her. Marrying her would then obviously violate this term. My advice is that you not test this. Wait until your probation is over. If you flatly violate the term after having talked to your PO about it, you can expect him/her to ask the judge to throw the book at you. Your other choice would be to ask the judge for a change in the terms of your probation to allow for you to have contact in order to get married. That way, you get the permission up front and won't have to fight the legality of it in the event that they throw you in the clink. Good luck.

I think Mr. Lapres is right. I have, however, seen one judge revise the non-contact provision upon learning of a marriage. It is pretty risky ground, and you would have to disclose a lot in order to get to the prison (or link via video) to complete the ceremony. It does seem to me, after he is out, that you could get married without contact until after the marriage is solemnized. Not something to experiment with. You could consult an attorney who could approach the District Judge in St Joe County (circuit judge's are not empowered to marry), and see what the judge might be willing to do. The attorney can just ask. Very kind judges there, and the Judge might take a special interest in protecting the marriage. Just an idea ...