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Lawmoe
Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  More than 19 years of experience as a Criminal Defense Lawyer
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My friend was convicted of violating a restraining order by

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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: 6 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 6 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 6 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 6 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.

 

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