Legal Question in Criminal Law in New York

Probation Conditions

I was sentenced to 60 days weekends in county jail, 5 years probation, and $5000 fine for a felony dwi. Probation officer informed me that I also have 6 month of electronic monitoring(EM)and 200 hrs. of community service. I told the probation officer I wasn't sentenced to this and he told me the judge said I was. These conditions were never mentioned at sentencing. My ex-lawyer asked the judge about this and the community service was dropped, but the EM was still in effect. Can the judge impose these conditions even though he never mentioned them in court at sentencing? I'm currently complying with all the conditions specified, as I don't want to violate probation. Do I have any options to fight these conditions? Isn't it a violation of due process?


Asked on 3/01/06, 12:27 pm

1 Answer from Attorneys

Re: Probation Conditions

If you plead guilty with a promised sentence, you can only be sentenced to what you agreed to in the plea. If you were sentenced after being convicted at trial you can only be sentenced to whatever the judge said at the time of sentencing. You should check the court file to see what paperwork is there regarding your sentence. If there is an issue, you can also order the minutes from the plea and sentence.

Read more
Answered on 3/01/06, 12:35 pm


Related Questions & Answers

More Criminal Law questions and answers in New York