My friend (yes really, my friend, lol) is on probation for a felony conviction that occurred in 2009. She is coming up on the end of the sentence as of December I believe. She pays restitution and visits with her P.O. twice a month. Last week, her Po told her to watch her mail for a court date. The officer said it was about her restitution and that there was no way she could finish paying it by the end of her probation term. She had court yesterday and asked for another court date so she could secure legal counsel and the judge granted it (she goes back on 6/27/2014). At the hearing, though, she found out that this was a violation hearing that was bringing up every date she missed with her PO or was late for, or whatever... like everything that could be considered a violation.
She has legit reasons for all of these missed appointments, like being in the hospital (she has a chronic condition that has her hospitalized often). But yesterday at court, she said the judge did not seem to want to hear anything like that. The state says "Ms. so and so did not report for her appointment on blah blah blah different dates" and he took it as gospel. I am not sure how New York state works with this kind of thing, but I am really worried for her. What can she expect? Her lawyer is too busy I guess and doesn't get back to her very often... (she actually has counsel and to buy time asked for another date (under his advice) saying she was hiring a lawyer.) He hasn't called her back and she is sitting there pretty much expecting she will be in jail after the next court date.
I am a paralegal studies student in another state and I have tried reading the laws but I can't find anything that will tell me what to expect. If anyone has any insight for me so I can maybe calm her down that would be great. I hope I've left enough detail for you to understand the situation. Thanks for anything you can tell me!
She has legit reasons for all of these missed appointments, like being in the hospital (she has a chronic condition that has her hospitalized often). But yesterday at court, she said the judge did not seem to want to hear anything like that. The state says "Ms. so and so did not report for her appointment on blah blah blah different dates" and he took it as gospel. I am not sure how New York state works with this kind of thing, but I am really worried for her. What can she expect? Her lawyer is too busy I guess and doesn't get back to her very often... (she actually has counsel and to buy time asked for another date (under his advice) saying she was hiring a lawyer.) He hasn't called her back and she is sitting there pretty much expecting she will be in jail after the next court date.
I am a paralegal studies student in another state and I have tried reading the laws but I can't find anything that will tell me what to expect. If anyone has any insight for me so I can maybe calm her down that would be great. I hope I've left enough detail for you to understand the situation. Thanks for anything you can tell me!
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