Probation Transfer After Reassignment to a Different Judge
My question involves criminal law for the state of: new York
I was sentenced in one county because that is where the crime was committed. I was sentenced to 16 weekends in jail and 5 yrs probation. The DA in my case was "out for blood" as the victims were extremely involved and wanted a lot worse. I live in a bordering county and my presentencing interview was done by the probation department from my residing county. The judge immediately transferred my probation to my residing county. I have a special condition on my probation that states I can not drink or be in a place that serves alcohol. My crime has nothing to do with alcohol or drugs or any sort of addiction. I embezzled money from a former employer to pay for personal bills. I am looking to get the special condition removed so that I can possibly get a job waitressing. In addition, the judge that sentenced me and placed the special condition on my probation was one that came in for a retired judge and admitted he was not overly familiar with my case but went with the plea deal we had in place. I understand the need for special conditions but I strongly feel that the judge simply put this on there without reason or cause. Per the penal law the judge has to have reason to believe that the special condition is related to the behavior that let to the crime.
I have discussed this with my PO and have explained that I did not want to get my lawyer involved as I did not have the funds to continue paying him. She stated that I could try to write the judge and waive my right to a hearing since the request is one that would benefit me I could do that. She told me that my case had been completely transferred to my residing county so it is another new judge. My question is, since it is the new judge in my residing county that will now rule in anything regarding my case, will the DA from my residing county also have a say in any rulings or will it go back to the original DA? I wrote to the new judge about a week ago and have not heard anything. If the judge won't do anything with a formal motion will I even hear anything?