Working in Another State While on Probation

mikeyd518 · Oct 25, 2009, 09:21 AM

My question involves criminal law for the state of: New York

This may be long winded but maybe someone has some advice.

I was recently charged with a class E felony ( not violent sex crime)in NY and the DA has agreed to knock it down to a class A misdemeanor. I will get no jail, 3 years probation, a fine, forfeiture of my computer equipment, and continued treatment with a therapist. I will not have to register as a sex offender. I am worried about working in 2 other states with travel restrictions which may be imposed on me. I have 2 jobs, one in CT and one in NJ. My full time job in CT, I do computer work for a finance firm. Can they make me quit my full time job in CT because it is out of state? Of course I will spend 40 or more hours a week there, plus sometimes I am on call and may have to go into the office at weird hour ( say 3 AM on a Saturday to reboot or work on a Server or network problem)

My "part time" job in NJ I work in a band as a guitar player. We rehearse in NJ and will play some gigs in NJ, CT and NY. Rehearsals are usually one to 2 nights a week, a few hours each after work then I come home. The gigs are usually every other Saturday night, a few hours each ( time for set up, playing, breaking down of equipment) The money is good and I am worried with travel restrictions that they won't let me play in the band since they are in NJ. Is this going to be a problem for me? It is a great second source of income and my therapist believes this is good for me as well. I don't drink nor use drugs ( that wasn't what I was busted for in the first place)

I can't see why the court would prohibit me from being employed ( although being a musician can sometimes be a cash business) plus my therapist has stated that my band will keep me from isolation and add some structured time to my life so I can fight my sexual addiction. It is not like I'm staying over in NJ or CT, only "working" there for a few hours and returning home once I have finished. (I do not travel at all in the first place) I live about a mile from the NJ boarder and I do go to certain stores, my bank and get gas there since it is cheaper. It seems a bit silly to restrict me from doing day to day things all while following the law.

I know I have committed a crime and am dealing with the consequences of such, but, it should not hinder my ability to try and make my life better and work towards my financial survival and my goals in life. I do want to start my own business as an IT consultant which would involve more traveling and will occupy more of my spare time. I have alot of debt and with my legal fees I am now really struggling.
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mikeyd518 · Oct 25, 2009, 12:17 PM

i didn't come here to be berated, just wanted some advice. I'm not asking to travel for days at a time. I just want to support myself. I have no intentions of staying over in NJ or CT or even living there for that matter. I rec'd probation because they wanted to give me a second chance so I am going to do what I can to make good by occupiying my time with work and music and getting myself right.

I was told by my attorney nothing of the sort that I would have to quit my job because of the work I do, nor would I not be not allowed access to a computer. The equipment I "forfeited" was seized and I will not get THAT back. They know I have access to other computers because they let me get my work laptop back. I actually spoke face to face with the investigator who was all about me getting a second chance. In fact the investigator said that most likely I would not get my PC back but I could get my band, baseball photos and music if I asked.

ChihuahuaMomma · Oct 25, 2009, 12:57 PM

THat was meant to be a reddie for the OP.....

twinkiedooter · Oct 25, 2009, 01:34 PM

FYI to OP - Even if you live one mile from the other state's border - Do Not cross the state line to buy gasoline or anything else for that matter unless you have prior written permission from your PO. They don't care what reason you may have for leaving the state even for 5 minutes - if you do not have prior written permission you will be in automatic violation of your probation even to buy a stick of gum or gallon of gas.

The musician traveling to other states even if for a few hours is not going to be granted either.

I seriously doubt if the judge will allow you to travel daily to another state to work. Sure you can ask but don't get your hopes up that he will agree to this. And no, this is not depriving you of making a living. It's the law and the Judge is going to adhere to the law. Maybe you can pay your attorney more money to keep pestering the judge that you need to daily leave his state to go work. Frankly, I'd be very interested in this outcome if the judge grants you permission to leave the state to work. A friend of mine was on probation and just like you she had to travel to a different state to work. Guess what. She was denied even after paying her attorney lots and lots of money to pester the judge about it. So I'd really tend to be on the side of you can't leave the state period for any reason - to buy a stick of gum or to work.

And no, it's not "silly" as you put it. Who cares how close you are to the border of the other state. It's the other state and if you enter it even for an hour or 5 minutes you'll be violated.

twinkiedooter · Oct 25, 2009, 01:39 PM

Quote:

Originally Posted by mikeyd518

I was told by my attorney nothing of the sort that I would have to quit my job because of the work I do, nor would I not be not allowed access to a computer. The equipment I "forfeited" was seized and I will not get THAT back. They know I have access to other computers because they let me get my work laptop back. I actually spoke face to face with the investigator who was all about me getting a second chance. In fact the investigator said that most likely I would not get my PC back but I could get my band, baseball photos and music if I asked.

Criminal attorneys will happily tell you fibs prior to you being sentenced. It happens all the time so don't be surprised if the Judge says something completely different. Your attorney is not the judge in this matter and can say anything he wants. He wants to get paid prior to you being sentenced, doesn't he? If he said anything negative like gee Mikey you won't be able to leave the state to go work in CT, you'd be all over him like a wet blanket bugging him to "fix" it for you.

rainacidbeer · Oct 25, 2009, 05:25 PM

Talk to your lawyer and understand what your probation restrictions are,then ask your probation officer any question and explain why you want to go out of state to work,even if his answer sucks you have to follow them. You had to realize this was an issue if not then why ask. A lot of times the justice system is not fair. Maybe you can get off probation early, 3 years isn't a life time. Maybe your in a bad spot but it can be worse.

You avoid being on the sex offender list,you should see if ct or nj has different rules for employers who commit sex crimes. Even in new york certain misdemeanors can require being on the sex offender list for 10 years or maybe more. That is pure hell be very grateful of that and you avoided a felony conviction.

mikeyd518 · Oct 25, 2009, 06:28 PM

Quote:

Originally Posted by rainacidbeer

Talk to your lawyer and understand what your probation restrictions are,then ask your probation officer any question and explain why you want to go out of state to work,even if his answer sucks you have to follow them. You had to realize this was an issue if not then why ask. A lot of times the justice system is not fair. Maybe you can get off probation early, 3 years isn't a life time. Maybe your in a bad spot but it can be worse.

You avoid being on the sex offender list,you should see if ct or nj has different rules for employers who commit sex crimes. Even in new york certain misdemeanors can require being on the sex offender list for 10 years or maybe more. That is pure hell be very grateful of that and you avoided a felony conviction.

That is what my lawyer said. If I had to register he said I'd have to quit my band and they could even tell me where I could live and work and they would tell my employer. Thank god it is not that. It would have been pure hell. None of my friends or extended family even know about this because of the prejudice I would get just like some of the people who have responded to this thread. I know people will think of me as a POS even when I turn my life around.

I will work with my lawyer to see what this is going to be like. He has only gotten 1 of these charges knocked down to a misdemeanor in 5 years and I am the 2nd one. He told me the whole time that i would not go to jail. Another thing in my favor is the probation gets transferred to the county I live in and my therapist who deals with these types of things knows my county is a bit more lenient on travel because of the proximity to NJ.

Fr_Chuck · Oct 27, 2009, 04:44 AM

The trouble is that the DA does not have to deal at all. The public does not like to do deal with sex offenders, and in many places the DA is an elected official and if they go easy on a sex offender it will be used in the next election. So often they will have or feel obligated to try and give sex offenders the max.

Also if you end up with a jury trial, expect the same from the average public that ends upon jury duty.

And while I have not seen it happen often, ( I did see it personally once in Illinios) even after a plea agreement, the judge would not accept it for the public good and instead gave a harder sentence. Again almost never happens but it is legally possible that the judge does not have to accept a plea agreement.

But no you don't seem to be dealing with the result of your crime, it means going to prison most likely for at least a short term ( and that will stop the jobs anyway) but at a min you will be restricted from leaving the state without permission normally and I would almost say for sure no computers.

And yes all the advice that can be given has been given, closed.



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