I
imscrewed1
Guest
What is the name of your state? new york
In july of this year I was charged with felony grand larceny while on probation. In the town(where I committed the charge) after much discussion i was given a plea to plea guilty to petit larceny and to get 3 yrs probation. I have not accepted the offer yet.
In the city, I have a possible VOP hearing..I got an appearance paper in the mail in august and appeared to the court. The judge NEVER told me that I was violating my probation(the PO did not violate me along with the supervisor) she automatically entered a not guilty plea, gave me an attorney, and ROR'ed me. I was never given a petition from the court telling me I was being violated, the judge never told me she wanted me violated. she then told me to come back in 2 weeks. I left the court with no papers and nothing telling me i was being violated. My probation was supposed to end yesterday sept 10th, the judge at that time issued me an DOD(declation of deliquency) based on the felony charge i guess?? so according to the judge my probation is extended until the case gets cleared. so i have to appear next week.
My lawyer just called me and told me that there might be a procedural error here because I have not been charged with anything(was not given any papers stating charges) and was not told by the judge that i was violated. HOw can I be charged with no paperwork. The assistant DA has no papers about my possible VOP. what do you all think??? i hope i was clear here if you need further clarification please ask.
chris
In july of this year I was charged with felony grand larceny while on probation. In the town(where I committed the charge) after much discussion i was given a plea to plea guilty to petit larceny and to get 3 yrs probation. I have not accepted the offer yet.
In the city, I have a possible VOP hearing..I got an appearance paper in the mail in august and appeared to the court. The judge NEVER told me that I was violating my probation(the PO did not violate me along with the supervisor) she automatically entered a not guilty plea, gave me an attorney, and ROR'ed me. I was never given a petition from the court telling me I was being violated, the judge never told me she wanted me violated. she then told me to come back in 2 weeks. I left the court with no papers and nothing telling me i was being violated. My probation was supposed to end yesterday sept 10th, the judge at that time issued me an DOD(declation of deliquency) based on the felony charge i guess?? so according to the judge my probation is extended until the case gets cleared. so i have to appear next week.
My lawyer just called me and told me that there might be a procedural error here because I have not been charged with anything(was not given any papers stating charges) and was not told by the judge that i was violated. HOw can I be charged with no paperwork. The assistant DA has no papers about my possible VOP. what do you all think??? i hope i was clear here if you need further clarification please ask.
chris