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 a lot of debt and with my legal fees I am now really struggling.
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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.

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Originally Posted by mikeyd518

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

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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 going to happen.

excon

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

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.

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

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Originally Posted by 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.

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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.

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Originally Posted by mikeyd518

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.

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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 going to like 'em. Maybe you should look 'em over before you take the plea agreement.

excon

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.

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.

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.

We do live in a great Country - it's keeping sex offenders like you away from us and our children. Just for the heck of it - what do you think is appropriate in your case? Unrestricted travel, unrestricted use of computers? I also have a feeling you put yourself in SA and are paying our of your pocket in an effort to keep your tail out of jail, very possibly at the suggestion of your Attorney.

I know a lot of decent guys - none of them are SA, charged with a misdemeanor. If your crime was so minor and you are such a great guy, why the probation at all? Why don't they just let you keep going? Why the need for investigators? Why the arrest?

Again - I'm in NY. I work in the legal system. I've seen it before and I'll see it again.

Now, if you would like to discuss your rehab and if/how your victims suffered, let's move this to another Board.

Quite frankly, I have stepchildren. I'd be really happy if you'd move out of NY entirely. See what NJ and Vermont think.

And as far as your passive/aggressive attitude - I'm sure you'll "last" on probation for a month or two, violate and be jailed.

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.

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Originally Posted by mikeyd518

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.

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If you don't want to be "berated," then stop giving excuses, take responsibility and accept the legal answers you've been given. Good to know you and the investigator think you're a good guy - I don't share that opinion. I don't think "good guys" are arrested, charged with misdemeanors, lose their computers and have to attend SA classes.

If you already know the answer(s), why are you posting the question(s)? So ignore everybody and travel from State to State - as I said, you apparently already know it's allowed.

It's your attitude that changed the tone of the answers, not mine.

So ask your Attorney who apparently is a lot more knowledgeable about why you were charged with a sexual misdemanor than the rest of "us."

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

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.

Quote:

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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.

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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.

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.

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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.

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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.

Is this the same Lawyer who either hasn't or can't answer your questions so you are posting them here?

This has stopped being about legal advice and turned into "why I did what I did." I find the total disregard for the victims by the sex offender to be offensive.

Time to close.

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.