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  1. #1
    Join Date
    Feb 2018
    Posts
    8

    Default 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?

  2. #2
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Probation Transfer

    You already asked this question and it has been answered in a previous thread

  3. #3
    Join Date
    Feb 2018
    Posts
    8

    Default Re: Probation Transfer

    asking specific which DA the request will be referred to. The DA from county where I was charged or the DA from my residing county since the judge there now has my case?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Probation Transfer

    We have no way of find or providing any information about the new judge, as we do not know anything about the judge. The answer is thus unchanged -- you won't know what the judge will do until you try to have the judge review your request. Nobody can promise that the judge will consider a request raised in a letter versus by a proper motion -- that was true for the old judge, and remains true for the new judge.

  5. #5
    Join Date
    Feb 2018
    Posts
    8

    Default Re: Probation Transfer

    I am not asking what the judge will do, I am asking what DA will get the case. I am not sure if it will go to the original DA or to the DA in residing county

  6. #6
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Probation Transfer

    Ask your probation officer.

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