Looking for answers on a violation of probation charge. Can the court go back to original charges and then split the sentence for each charge? My daughter was originally sentenced on a class d and class e felony. The sentence was 6months in jail and 5 yrs probation. She violated her probation at the 2 yr mark by leaving the state. She was picked up in another state on the NY warrant,brought back to NY. Has served another 6months in jail and today was sentenced to 2-6 years and 1-3 yrs concurrent. Non-violent felony. Identity fraud(used family member's credit card)and forged a $40 check. I realize that she has to face some punishment, but this seems very severe to me. I live out of state. I am wondering if this punishment seems severe to anyone else. I have quietly questioned the workings of the involved county over the years. Not sure that the public defender provides proper representation d/t the work load there. Any comments or ideas where to express my concerns if warranted would be appreciated.

Im sorry to say that it really doesn't sound that severe to me. She violated probation on 2 felony charges. She is lucky she isn't in jail the whole time.

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Originally Posted by vnuss

I am wondering if this punishment seems severe to anyone else.

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Hello v:

Yes, it's severe. But, it's legal and there's nothing you can do about it.

excon

Quote:

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Originally Posted by vnuss

Looking for answers on a violation of probation charge. Can the court go back to original charges and then split the sentence for each charge? My daughter was originally sentenced on a class d and class e felony. The sentence was 6months in jail and 5 yrs probation. She violated her probation at the 2 yr mark by leaving the state. She was picked up in another state on the NY warrant,brought back to NY. Has served another 6months in jail and today was sentenced to 2-6 years and 1-3 yrs concurrent. Non-violent felony. Identity fraud(used family member's credit card)and forged a $40 check. I realize that she has to face some punishment, but this seems very severe to me. I live out of state. I am wondering if this punishment seems severe to anyone else. I have quietly questioned the workings of the involved county over the years. Not sure that the public defender provides proper representation d/t the work load there. Any comments or ideas where to express my concerns if warranted would be appreciated.

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I see serious charges, given a break, violated terms of probated, committed another crime. She apparently learned nothing from being placed on probation so now NY has her full attention - personally, I think she's gotten off easy. I don't see any fault on the part of the PD. Of course, if you feel there was inadequate representation or something improper happened you can always hire a private Attorney to look into your daughter's case(s).

And I'm in NY.