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  1. #1

    Default Probation Violation by a Sex Offender for Use of a Cell Phone App

    My question involves criminal law for the state of: New York
    My son is in his 3rd year of a 6 year probation for a misdemeanor sex crime in New York. One of the conditions of his probation is that he not use social media or internet. He has done really well on probation, no issues and then the other day he was found to have Snap Chat on his phone. His PO stated that there are 3 violations caused by this; downloading the app, using his phone as a computer and accessing the internet to do so. He met with his PO and was told he would have to come back in a few days. He accepted responsibility and made no excuses.

    What are the possible outcomes of this issue? How does he earn the trust of his PO again? He never did jail time as he accepted a plea of probation and the SORA only....We are trying to get ahead of this so we are not blindsided by the outcome.

    Any information would be greatly appreciated! Thank you........

  2. #2
    Join Date
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    Default Re: First Time Probation Violation on New York Sex Offender Registry

    Everything about a smart phone other than texting and voice calls is based on the Internet, so this appears to be a willful violation of his probation terms. It is not a new law violation, but pretty severe as far as technical violations go. He should have gotten himself a good old fashioned flip phone. Since it's misdemeanor probation, jail is not likely unless his original crime involved the Internet. If it did, the jail may well be on the table. He will need to talk with his lawyer for specific predictions in your jurisdiction.

  3. #3
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    Default Re: First Time Probation Violation on New York Sex Offender Registry

    Quote Quoting asa_jim
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    Since it's misdemeanor probation, jail is not likely unless his original crime involved the Internet.
    Not sure why you say that. Yes, doing time on a misdemeanor is unlikely, although that really depends on the county. However, a probation violation for a sex offense is a different story. I can see jail time for the son in the future.

    I would like to know what the misdemeanor is.

  4. #4
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    Default Re: First Time Probation Violation on New York Sex Offender Registry

    Quote Quoting Highwayman
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    Not sure why you say that.
    Based strictly on my experience. Every jurisdiction and even every judge is different. A new law violation poses the greatest risk of jail. Technical violations like failing to pay the cost of supervision or other financial obligations is the least likely to result in jail. This is somewhere in between those two, but unless there is something particularly aggravating, which we can't know without details, I'd still say in most places jail is not likely, but certainly possible. An attorney who practices before the specific judge would have the best idea, of course. We can only speak in broad generalities in this kind of setting.

  5. #5
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    Default Re: First Time Probation Violation on New York Sex Offender Registry

    Quote Quoting asa_jim
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    We can only speak in broad generalities in this kind of setting.
    Yes, and you are speaking in the broadest possible way by assuming it is the same "everywhere". It is not.

    If I remember correctly you're in Florida. New York is not Florida, and many judges take a very hard line in matters like this, especially in the town and village justice courts. I've seen plenty of people do time for misdemeanor probation violations. Sex offenders are at the bottom of the hierarchy and plenty of judges have no tolerance for them.

  6. #6
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    Default Re: First Time Probation Violation on New York Sex Offender Registry

    Please don't assume I'm so utterly naive as to believe things are the same everywhere. Do you really think Florida likes sex offenders more than New York? I've seen plenty of people do time for misdemeanor VOP's as well, but not ordinarily for technical violations as opposed to new law violations. Frankly, neither of us even know what the underlying charge was that we're discussing here. We're both shooting completely in the dark, but the considerations I've pointed out - whether it's a new law violation vs. technical, whether the violation is willful or not, and is there any nexus between his original crime and use of the internet. Those will factor heavily into any judge's consideration of jail.

  7. #7
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    Illinois
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    Default Re: First Time Probation Violation on New York Sex Offender Registry

    Every jurisdiction is different but, here in IL, one could easily be placed in custody for at least 30 days, then recommitted to probation with additional conditions attached. With the misdemeanor conviction, he's eligible for 364 days. Since he never did any time for that, he eligible for all of it. If the charge initially started off as a felony and the agreed to a amended charge, he could then be looking at the original charges again upon the leave to file.

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