Legal Question in Criminal Law in New York

sentencing

my son was sentenced to a 2-6yr state prison term from violating probation. The judge in the case ordered csatc drug program. At the facility they say he cannot have the program because his original charge was not drug related. Does the law protect his rights to be given this program if it was court ordered? Also if he did not commit any other crime, why does the judge order such a harsh incarceration?


Asked on 4/02/08, 2:48 pm

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: sentencing

Probation is seen as a privilege in many situations. as such, violation of probation is treated extremely seriously by most Courts, it also doesnt help that in mst jurisdictions the violation of probation is heard by the same judge that did the original sentencing.

While there may be various factors as to sentencing, the most major one will be what was the original crime, and what were the other sentencing poissibilities n that crime, and how eggregious was the violation of probation. The more serious the original crime, the less serious the violation would have to be in order to get jail time... while this is not a written rule, in my years of experience this is what generally happens

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Answered on 4/10/08, 4:01 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: sentencing

He does not have a right to another program. His lawyer should petition the DOC to find one that he fits into. As for why the judge banged him back into jail, his record could be bad or his additude could have been offensive. YOu will have to read the record of the sentencing to know for sure.

You may want to look at this website:

http://www.prisontalk.com

Good Luck

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Answered on 4/07/08, 4:23 am


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