How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lawmoe Your Own Question

Lawmoe
Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2415
Experience:  More than 19 years of experience as a Criminal Defense Lawyer
Type Your Criminal Law Question Here...
Lawmoe is online now
A new question is answered every 9 seconds

My friend was convicted of violating a restraining order by

Resolved Question:

My friend was convicted of violating a restraining order by having a BBQ with his adult children, one of which was currently renting the house from her mother. His ex-wife randomly showed up and hence he was tried and convicted because she owned the property. He was given continuation of probation. However, the probation violation part was sent back down to the town court. The town judge gave him nearly a full year in jail on probation violation portion of the charges; the lawyers and myself are not sure why as he's only ever been in court for two traffic tickets. My friend lost his appeal on the trial and now is waiting for the appeal on the sentencing to be perfected. The judge had him produced, randomly, after he started serving this sentence (as a stay was previously in order). The judge then told him he was revoking his good behavior time. Now is that even possible or ethical for a judge to do? And is it grounds for anything in upcoming sentencing appeal?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 4 years ago.

Wow- those are some interesting facts. Unfortunately any order of the Judge is not automatically stayed on appeal and a Motion for a stay is required. If denied, there is little recourse other than to proceed with the appeal. The sentence, based on the facts, certainly appears harsh.

 

Certainly the good time is an issue that should be addressed on appeal.

 

I am sorry for your troubles.

 

Customer: replied 4 years ago.
Well, the County Court just gave him continuation of probation.

However, this judge at town level is beyond senseless. It just stinks of a revenge tactic and some mild judicial harassment (like 'Nah-nah! You lost your trial appeal and for even appealing it I'm going to take away your good time for your insolence'). This, according to the lawyers I've spoke with, is not the first incident with this judge. I'm getting talking heads telling me a judge is God in the eyes of everything before him but the head of the jail told me it's jail policy not the judge's policy regarding good time... So who has authority?

And is there any rebuke for a judge or are they literally bound to their own terms?
Expert:  Lawmoe replied 4 years ago.

Ultimately, whether jail time is imposed is up to the sentencing Judge. they do have that discretion.

 

I would agree that a Judge does not have authority to take away good time. It is an issue that must be taken up on sentencing.

 

Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2415
Experience: More than 19 years of experience as a Criminal Defense Lawyer
Lawmoe and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.