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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JudyKayTee

If one of the terms/conditions is that you cannot leave NYS, then you cannot leave NYS for any reason.

You have to clear this up with the DA before you make any type of arrangement/deal/plea.

I am in NYS. I don't know if you were watching "kiddie" porn or having inappropriate contact with underage people - probably the latter - and I don't understand why you forfeited your computer. There is nothing to keep you from simply purchasing another computer. Likewise I don't understand how you can continue to be employed in a position which involves the use of a computer. The language in my area is no use of computer OR no internet access of any sort.

I realize terms and conditions often vary from County to County but this does puzzle me.

At any rate - if you intend to leave the State for any reason you HAVE to make that known or you will be in violation and find yourself in jail on the old and the new counts.

This is a question to be asked your Attorney who is far more familiar with your crime, what is being offered to you by the DA and your situation than anyone here.

excon

Hello mikey:

I agree, it shouldn't.. But, it does.

In days gone by, YOUR interests would have been taken into consideration. These days, however, the states interests are paramount, and the state in interested in punishing you first and foremost. If you're able to rehabilitate yourself within the confines of that punishment, good for you. But, they're not going to make it easy for you.

Having said that, although the judge can't ORDER the probation department to alter their rules for you, he can recommend that they do so... The question is will he. Furthermore, will the probation department adhere to his request? Certainly, your request will be vigorously apposed by the prosecutor. Why??? Because that's what prosecutors do. No, they aren't looking out for YOUR interests...

However, given your proximity to NJ, and your full time employment there, you MIGHT get some consideration for daily travel. See if you can get the judge to recommend at least THAT. Forget about your music career for a while. That ain't gonna happen.

excon

PS> Owning a computer is problematic too, as Judy pointed out.

mikeyd518

Well, my attorney did not mention that I would not be allowed to access the internet or use a computer or any kind. I just lose the equipment that the police took when they came to my house. So basically I cannot get back what they took. I don't know anything else besides what I have mentioned to you. Again it's a misdemeanor not a felony charge.

My job where I use a computer there is strong content filtering so all of that stuff is blocked anyway.

You mean to tell me that they can make me to quit my job because I use a computer there? Isn't one of the stipulations of probation to be employed. That is just a lack of common sense if that were the case. I think I need to make my attorney work a bit harder for me.

mikeyd518

Oh another thing. This happened in one county but my probation will be in the county I live in. So it's being transferred.

JudyKayTee

Yes, that's what I mean to tell you. Depending on what you were doing, yes, it's entirely possible.

You are confusing common sense and the Law. If you cannot meet the terms of probation, take the jail time. I realize that sounds harsh but as a sex offender you may very well be getting off easy - no pun intended.

Your argument about one of the stipulations of probation to be employed is somewhat illogical - if you were, for example, employed in the sex industry I'm sure you would be told to find some other employment. Same if you are convicted for more than 2 DWI's and are a bartender - you'll be told to find other employment.

If you have some sort of sexual addiction problem and live in NY I'm not entirely sure any other State wants you "there." I know NY is harsh on sex offenders, particularly people attempting to move/work into the State.

Again - concerns for your Attorney to address.

excon

Hello mikey:

If you're looking for "common sense" here, let me disabuse you of that notion right off the bat. In fact, some might think preventing a person who used a computer to commit his crime, from USING a computer, to be pretty sensible

I don't know what conditions they'll impose upon you. But, you ain't gonna like 'em. Maybe you should look 'em over before you take the plea agreement.

excon

mikeyd518

I now know why there are so many repeat offenders and why people turn to stealing and robbing. The "rehabilitation" forces them to.

That is awesome - NOT!

I'm probably better off going to jail. At least I can make the tax payers take care of me since the court won't let me do it myself.

What a great country we live in, huh?

Again, I'm by far not say what I did was right, but I am taking the steps to rehab myself. I went on my OWN to seek help, going to a therapist paying out of pocket and going to SA meetings.

Well, I guess I can get food stamps and welfare for the next 3 years because I won't be able to find a different type of job. I don't have any experience with anything else.

Amazing.

Fr_Chuck

Rehabilitation ???? who ever said we had that ?? Maybe during the years Carter was President but the probation department is merely there to see that you follow the rules and send you back to jail if you don't.

You need to sit down with your attorney and talk, I would guess you will be banned from any ownership of computers, no computer in your home and most likely no use of a computer that can accesss the internet, so any job working on computers is almost for sure out. ( my guess) but I am 99 percent sure you will not be able to own a computer or have one in your home.

As for working out of state only if you have permission from the probation dept.

mikeyd518

If it sounds as grim as you guys are making it, I should just take the jail time. I mean if the PO won't let me support myself, then I'll let the tax payers do it on their dime. What's the point.

It wasn't even a hard decision for the DA and the Investigators to knock it down to a misdomenor. They kept telling me that I was a decent guy who needs some help.

Anyway, the only thing I can do is music if they are going to keep me from working on computers. It's the only way I can survive.