I was convicted 4/23/2012 of a criminal sex act in the 3 degree. I am now a Level 1registered Sex Offender on probation in Rochester NY. There is a church that is less then 500ft from my house that just opened a co-op nursery school. So my Probation Officer told me I am in violation and have to move out of the house I own. I have been on probation in Monroe County since 8/10/12 and I have not had any violations of my conditions.
Unfortunately, New York State law gives probation officers wide latitude when it comes to enforcing conditions of probation. However, you should consult with the attorney who represented you on the original charge. If you are a Level 1 offender, then you MAY still be able to live in your home, despite the church opening the school. Usually, the distance restriction applies to Level 3 offenders. If your PO does file a VOP against you, then you will be entitled to a hearing, including representation by an attorney, even at the county's expense.
The Courtstatute give Probation wide discretion on this. Consult with a local criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
If you violate any conditions of your probation, including the distance restriction, your original sentence could be reinstated or probation extended. If your PO violates you, you will be required to attend a VOP hearing. If so, hire a criminal defense attorney to represent you in the matter.
Licensed in NY and NJ. Criminal Defense & General Practice. If this answer helped you, mark it "best answer" or "helpful". Answers to questions on Avvo are for informational purposes only and should not be considered legal advice on any subject matter.
In addition to what my colleagues suggested, you could hire an attorney to bring a motion to modify probation. If the Court makes a ruling that you can stay in your house, then the Probation Officer would be bound to follow it. An attorney would assist you in proving to the judge that you have been of good conduct and behavior of the last three years, and are not a threat to the nursery school.
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