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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23563
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I agreed to a nusiance charge a while back, could not afford

Customer Question

I agreed to a nusiance charge a while back, could not afford an attorney, so i did a plea and obeyance.
The city attorney said I also had to agree to letting the code enforcement people walk in my home without knocking anytime they felt like it.
Is that reasonable?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hello,

Yes, it's reasonable as part of a plea in abeyance.

Random checks can be made to see whether you are in compliance with the terms of your plea, so that your case can be dismissed at the end of the agreed upon period of the abeyance.

Customer: replied 4 months ago.
Ok. Heres a problem that arose from the one and only check.
The city rules say I can have 3 non related people living w me.
Now there trying to say im not to have any?
And i never agreed to anything like that.
Expert:  Zoey_ JD replied 4 months ago.

Who is "they?" Are you also on probation?

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 4 months ago.
They "Meaning the city attorney"
And They also meaning the city code enforcement people.
Customer: replied 4 months ago.
i have never been on any probation.
Customer: replied 4 months ago.
Except for random check probation
Expert:  Zoey_ JD replied 4 months ago.

Thanks for the explanation. If the conditions of your sentence require compliance with the dictates of the city code enforcement people, then you would be expected to go along with what they say or risk violating the terms of your sentence.

What they appear to be looking for is to prevent a reoccurrence of the problem that occurred in the first place and they are imposing dictates upon you that the city code doesn't require to keep the nuisance from reoccurring. They can do that as you are under court mandate. They cannot do it if it's unreasonable.

Your remedy would be to go back before the judge with your lawyer and have him argue that you are not violating any city regs presently and that as you should not have to be required to live alone as that is unreasonable.

You'll likely get a hearing as to the issue and the judge can overrule the enforcement people.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.