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    trinityt's Avatar
    trinityt Posts: 3, Reputation: 1
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    #1

    Jan 25, 2011, 06:49 PM
    If your told to stay out of trouble for a year in court does that mean your on probat
    If you told to stay out of trouble by the judge for a year. After saying your guilty of a domestic violence case. Someone filled a order of protection against you months later by acs because he has dvr cases & they dating a person with children. But they didn't do anything will they get locked up for that order of protection? They can get up to 7years state time if they get in anymore trouble. Can this get they prison time? Can they get a change to clear there name first? Or do they go straight to jail once they come to any court? They also have a pending domestic violence case that will get thrown out do to the other person lies & voicemails that were left on there phone.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 25, 2011, 06:56 PM

    Where did the 7 years come from ? Did the court give you that figure

    But you will be on probation, if the judge said you were on probation, and you meet with a probation officer and were given and/or signed probation paper work.

    If the Judge says to say out of trouble for a year, it can only mean that if he sees you again in his court, he will be hard on you.

    But if the order or protection is not correct, then you dispute it in court and get it lifted.

    Next even if you are on probation they hold a hearing to see what the punishment would be for that violation.

    But it sounds like you need to stop any contact with that person before you are in jail
    trinityt's Avatar
    trinityt Posts: 3, Reputation: 1
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    #3

    Jan 25, 2011, 07:30 PM

    They don't have a probation officer. Just told not to get in trouble in 1 court room. The judge said 5-7years because they think they were running from the case. They going to court in another area for the other person & now they have to go to family court for acs because someone called acs saying there was neglect to the children in the relationship & acs fairs that the dvr history can lead to harm of the kids because there not the biological parent. There married & pregnant now so when that baby comes it could be taken away. Acs also believe they beating on the spouse.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 25, 2011, 07:44 PM

    Are you talking about an ACD (Adjournment in Contemplation of Dismissal)?
    trinityt's Avatar
    trinityt Posts: 3, Reputation: 1
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    #5

    Jan 25, 2011, 07:59 PM

    No in nyc it's child protective services they call it ACS administration for children's services.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 26, 2011, 07:30 AM

    No, in NY the disposition of the case is called an ACD - you stay clean and out of trouble for a certain period and the charges go away.

    ACS is an agency; ACD is a way the Courts can dispose of a case.

    - and I'm in NY.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Jan 26, 2011, 07:41 AM

    Hello t:

    Most people in the criminal justice system aren't very educated. So, when judges hand down their orders, they make CERTAIN that the defendant knows EXACTLY what is happening to him... He explains it in simple language several times, asking many times whether he is understood.

    If you weren't told you were on probation, you're not.

    excon

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