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If electronic monitoring is being recommended for the first

Customer Question
Hi...if electronic monitoring is being...
Hi...if electronic monitoring is being recommended for the first time in court, can someone get an adjournment?
JA: Since laws vary from place to place, what state is this in?
Customer: New York
JA: Has anything been filed or reported?
Customer: There was an original case and then another case that came up so they were going to knock original case down to misdemeanor and said to just answer the most recent charges on the same date, PO is recommending electronic monitoring...this will be the first time it's mentioned in court at all
JA: Anything else you want the lawyer to know before I connect you?
Customer: i think that's it
Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
1/9/2017
Lawyer: LegalKnowledge, Attorney replied 10 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28,680
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 10 months ago

Good morning. So in addition to the new charge, there is a VOP to answer to?

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Customer reply replied 10 months ago
VOP?
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Sorry. Violation of Probation. You shared that the probation officer was recommending electronic monitoring.

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Customer reply replied 10 months ago
no VOP
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Thank you. If a defendant is not yet ready for trial or still working on a plea deal and needs more time to work the case, they can certainly ask the Judge for a continuance and for additional time, for the defense to be worked on. As long as good cause is shown, the Judge should grant it. Now, if the electronic monitoring is a condition to their release, instead of revoking the bond on the other charge, this is unlikely to be continued, since it has to do with their release and bond conditions and it not a sentence imposed, as part of a plea. Typically, if a defendant has a felony case that is open and picks up another case, their bond can be revoked and they can be held, so if the State is offering electronic monitoring, it is keeping them out of jail, so the Judge may not just allow this to be considered, without a legal basis to support it.

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Customer reply replied 10 months ago
originally, there was a limitied order of protection stating he could be in the house, etc...back in December his ex threw a table at him..he has a scar and she told him to get out or she was calling the cops...he grabbed some stuff and left...he removed himself from the situation, like he was suppose to...she ended up calling the cops anyway...they picked him up at the end of his road with the bags he had packed...officer even told him if the limited order of protection wasn't on the books, they would have just let him go...since he was leaving the situation
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Thank you for the reply and I have shared my answer above.

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Customer reply replied 10 months ago
there is no bail or bond or anything like that...the original charge, according to the ADA, is just supposed to be knocked down to a misdemenor today at court...he was never out on bail or anything
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Correct. However, there is a new charge, if I understand what you shared above. As such, he has 2 open cases, which is a concern, which is why they want the monitoring. From their eyes, he is still out and picking up charges and committing crimes, so it is either hold him until the cases are resolved or impose the monitoring, so the county knows where he is.

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Customer reply replied 10 months ago
ok, understood...however, the first charge is supposed to be resolved today and also, my question is can he get a continuance on the EM recommendation, as he hasn't even spoken to his public defender
Lawyer: LegalKnowledge, Attorney replied 10 months ago

If the first charge is closed out today and resolve, then it could be requested that a bond just be put in place, instead of the EM, depending on what the charge is. However, he can ask to be appointed the PD, so he knows what his legal rights are and if resolving the other case, is in his best interest.

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Customer reply replied 10 months ago
ok, now what would the bond thing entail? not familiar with that
Lawyer: LegalKnowledge, Attorney replied 10 months ago

At this point, the Judge would put a monetary bond in place, with any other conditions imposed, for the new charge that he picked up. The bond is an attempt to secure his appearance at all future hearings along with his promise to appear.

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Customer reply replied 10 months ago
ok, so he could actually request that? then the judge would have to approve? is he better off telling his PD to ask for a continuance? Basically, i guess i'm asking if they can just put the EM on him today without him having any kind of possible defense against it...even if it's just a continuance to retain an actual lawyer as opposed to a PD
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Yes, if he is represented by legal counsel, they will need to address the Judge and court. He can ask to be appointed a PD and then this continued, until he attorney can get caught up to speed

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Customer reply replied 10 months ago
he has a public defender in the limitied order of protection case, he just has not spoken to him about the EM at all, could they still request a continuance?
Lawyer: LegalKnowledge, Attorney replied 10 months ago

If the PD has not been appointed to the new case yet, then No. However, he can ask for an appointment of the PD and when he does, ask if the issue with the EM can be continued and delayed, until counsel is able to speak and act on his behalf.

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Customer reply replied 10 months ago
no one should assume that the same PD is familiar with this new case? he would have the right to a new PD for the new case and just let the original PD take care of the first case?
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Yes, if it is in a different court and with different issues, unless they were to combine the cases, he may have two separate PD's, depending on the situation. He can and should contact his PD and speak with them about this, letting them know and seeing if they can assist

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Customer reply replied 10 months ago
Ok, understood...now the court date is today and he has not spoken with the PD at all regarding this EM issue, hasn't even spoiken with him regarding the original charge...so should he just try to catch him before court today then ask for the continuance so this PD can become familiar with the case? Basically, I'm asking without having discussed this EM issue at all with the PD, can they just rule on the EM issue today?
Lawyer: LegalKnowledge, Attorney replied 10 months ago
This is an issue about his release. It is a condition to it and not part of a sentence which may afford him a legal right to counsel. As such I think they can impose it but at the same time can address it legal right to Representation. He could also advise the court that the first case is resolved and he closed it out and for the court to consider a monetary bond instead of EM
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Customer reply replied 10 months ago
I'm a little confused...they could actually impose the EM although he and his PD have never even spoken about it?
Lawyer: LegalKnowledge, Attorney replied 10 months ago
because it has to do with a new case and a condition of his release. This is a request by the state to the judge since he picked up a new charge. He can ask to be appointed the pd for this new case but until that happens his pd now won't be able to get involved
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Customer reply replied 10 months ago
oh so, if he asks for a new PD they cannot actually do anything today?
Customer reply replied 10 months ago
it was never stated this is a condition of any release...they ROR'd him on the latest charge and his PO said they were going to recommend EM that's it..
Lawyer: LegalKnowledge, Attorney replied 10 months ago
but the state can come Back and ask for additional terms and conditions to be imposed on his release. There is nothing wrong or illegal about this I am inclined to believe with they ror him they did not know about the other case which is why the em is at issue now
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Customer reply replied 10 months ago
they spoke to the judge in the original case who is also who he is seeing today regarding the EM, so everyone was well aware of the original charge...the judge and ADA are the ones who released him ROR
Lawyer: LegalKnowledge, Attorney replied 10 months ago
Then it needs to be known why the ada is seeking em now. If they knew about it there has to be some issue or concern that they have since they now want to modify the condition of his release
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Customer reply replied 10 months ago
only issue is that the original arrest was October, second incident right before Xmas so 2 arrests in less than a few months is what his PO told him...is that reasonable?
Customer reply replied 10 months ago
ADA didn't even recommend the EM , it was his PO who initially brought it up and said they were recommending it to the judge
Lawyer: LegalKnowledge, Attorney replied 10 months ago
when you say PO you mean probation officer? I ask because you said he is not on probation so trying to figure out who and why a probation officer is involved if he is not under supervision
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Customer reply replied 10 months ago
his probation officer...for the original case
Customer reply replied 10 months ago
he does see a probation officer for the original case
Lawyer: LegalKnowledge, Attorney replied 10 months ago
Right. As I shared above they are asking for this because he picked up a new charge while he still had an open case. You told me above he does not and is not on probation. Since he is on probation for the original case and/or probation is involved they can ask for this. It happens a lot and is a result of a new charge being picked up. With the old case closed the judge may not feel a need now but it will depend on the facts of the new case.
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Customer reply replied 10 months ago
ok, so best case is that the original case be resolved today, then he has more of a defense against the EM...and the fact that even the judge and ADA ROR'd him on the new case, they obviously didn't see it as a huge deal...they both new he left the house as soon as she told him she was calling the police because he didn't want any trouble
Customer reply replied 10 months ago
Hello?
Lawyer: LegalKnowledge, Attorney replied 10 months ago
Sorry for the delay. Yes. Once the old case is resolved he can Ask that the ror remain in effect. If anything he can ask that a monetary bond be put in place
To secure his appearance and there is no need for em since he is not a threat or danger to the community or a flight risk
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Lawyer: LegalKnowledge, Attorney replied 10 months ago
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Lawyer: LegalKnowledge, Attorney replied 10 months ago

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Lawyer: LegalKnowledge, Attorney replied 10 months ago

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