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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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My terms of probation are pretty straight forward. No Sex Registration

Resolved Question:

My terms of probation are pretty straight forward. No Sex Registration and No Sex Offender conditions. My conditions state that I don't have to be in SO Treatment either, just "mental health" treatment. The probation is being transferred from one county to the next. The receiving county is telling me I must go into their SO treatment program, however I am voluntarily with my own therapist who treats SO's and the judge specifically said in court that I am to stay with him. Basically my receiving PO tried to blackmail me by saying if I didn't go into their SO treatment program and fought them in the other county, he would ask the court to up modify my conditions to SO conditions after the transfer. I feel like I have no options and not sure what to do.

This is for New York
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JD replied 7 years ago.

Beat him to the punch.


Have your old attorney put down an order specifying your current therapist as acceptable to satisfy your mental health treatment requirement. The probation department is not permitted to change things on their own... they must get judicial approval. Simply beat them to the punch.


Please reply if I can help further.



Customer: replied 7 years ago.
Ok, but the problem with doing this is when my probation finally gets transferred to my home county, they are simply going to go to the judge in my home county and ask that my conditions be modified up from straight probation to sex offender since I am refusing to go into their program, which will impose more restrictions on me. Seems like blackmail.
Customer: replied 7 years ago.



I was wondering if anyone would be answering the second part of my question?



Expert:  JD replied 7 years ago.

Sorry for the delay. I was offline today (in court all day).


I realize that your new probation department is going to try to alter the terms of your probation. This is why I think you should beat them to the judge and have a preemptive ruling that your current counseling is sufficient to meet the conditions of your probation. You could always wait until they petition the court for the change and argue that 1) it was not part of the plea deal, 2) they have no right to impose future sanctions that were not part of the original sentence, and 3) that your current counseling has been sufficient to meet the requirements of your probation.


If the judge decides to change your probation requirements then you may wish to consider your appeals options. Again, it is improper for the judge or anyone else to impose new conditions on your probation that are inconsistent with the original plea deal or sentence.


Please reply if I can help further. I will be online tonight until approximately 11:00 P.M. central and again in the morning.



Customer: replied 7 years ago.
So technically they cannot go into court and petition the judge to change my terms unless I mess up basically. My lawyer said not to stir up a hornets nest since they are giving me some leeway to travel out of state for work so I may go into their program, which leads me to their "clinical" polygraph. I'm concerned about the inaccuracy of these devices and could put me in a further pickle. Say I do go into their program and take this polygraph. What happens if I "pass"? What happens if I "fail"?
Expert:  JD replied 7 years ago.

If you are being supervised in a sexual offender program and fail a mandatory polygraph it can be used to violate your probation. I agree with your lawyer, but I also would think twice before agreeing to be reclassified as a sex offender. Obviously the new supervising department may refuse to take you, but I don't think they can change your conditions. They may simply make it a condition of leaving the state... if that is the case then you will simply have to make a decision. However, never forget that the sentencing judge can also change conditions upon your request concerning work travel, counseling, and any other conditions being imposed. Making a motion to the court is always a calculated risk decision, but before being railroaded by the probation department you should evaluate any changes carefully with your lawyer to assess your risk versus reward.





Customer: replied 7 years ago.

This is a huge gamble. I'm really torn as to what to do. I do not want to violate probation due to inaccuracies of polygraphs, but I don't want to give myself a problem for the next 3 years just to do something as asking permission for going to a family event for a few hours or going to my job. I appreciate your answers, if you have any other advice that would be great and then I will accept.


Thanks for your time.

Expert:  JD replied 7 years ago.

If you have requests that involve a modification or alteration of your conditions then I strongly recommend having the request filed to the sentencing judge while under your current supervising officer. It sounds like your current supervising agency is much more willing to work with you and if you can get more specific judicial exceptions that permit your travel needs then you may never need to transfer, or if you do, you will go with clear parameters that must be followed by the new supervising agency.



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