Legal Question in Criminal Law in New York

Can conditions of probation change after sentencing

My son was recently convicted of statitory rape and was sentenced to 60days house arrest, 5 yrs probation and has to register as a level 1 sex offender for 10yrs on a plee agreement. The judge stated he would consider an early certificate of release in 2 1/2yrs if he stays out of trouble. We recently went to his first probation appointment and was told that he has a 10 yrs probation not 5 because New York state has a manditory 10yr probation period for sex offenders.This was not what the judge said to him in court and was not what the agreement was. I brought this to my lawyers attention and he only says he's sorry he was not aware of the change in the law.Can the conditions of a sentence be changed after the fact. The judge sentenced him to the afore mentioned sentence.My lawyer went over the details of the sentence with me and my son before he agreed to it.There is no way we would have agreed to 10 yrs probation. My son was in highschool @ the time and this was a consentual act with his girlfriend


Asked on 4/12/05, 3:58 pm

2 Answers from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Can conditions of probation change after sentencing

This is a complicated issue, but to me as I read your question, the focus of your concern is basically "is this fair and is it legal?" Obviously it is not fair, otherwise you would not be asking. As to whether or not it is "legal" I would have to see the transcript of just what the Judge said "on the record" and the "sentence" sheet that he signed in order to answer your question.

Also, different Counties handle things slightly different, so that and the name of the Judge must also be factored into the equation. I have some concerns about what his lawyer said, because it does not appear to be accurate. If you and your son would like to schedule an appointment to discuss this, please let me know. You can email me at [email protected] or call me at (585) 454-2000.

Basically, if he wants to back out the deal, he probably can, but there might be worse consequences which need to be discussed.

Good luck and regards,

Don Rehkopf

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Answered on 4/12/05, 4:09 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can conditions of probation change after sentencing

This is a horrrible situation and considering your options is good thinking.

The remedy in this situation is to withdraw the plea and start the process over again. This would not include another arrest and arraignment.

This is a difficult case to defend if the young lady cooperates with the police. A plea bargain is your best option. However, this strikes me as a very, very bad bargain if the young lady was your son's girlfriend at the time and there are no allegations of violence.

It is possible that your attorney did not fight hard enough for your son. I would have presented letters of good character and (if he is college-bound) his grades and made an effort to have it downgraded to 'harassment'. Getting a record as a 'sexual offender' at this point in his life (absent other criminal convictions already on his record) should be avoidable.

Give me a call and we can discuss the matter. The consultation is free.

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Answered on 4/12/05, 6:24 pm


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