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vnuss · Jan 20, 2009, 06:26 PM

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.

stevetcg · Jan 20, 2009, 07:29 PM

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.

excon · Jan 21, 2009, 06:03 AM

Originally Posted by vnuss

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

Hello v:

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

excon

JudyKayTee · Jan 21, 2009, 06:24 AM

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.

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.