How likely is it I will be reinstated by the judge for my work release program?
Question Details: I was convicted of a non violent identify theft felony, and have been on the electronic home monitoring program with the county.I recently lost my job and had to transfer out of the program because I could no longer make the monthly payments for the program. I was told I need to go back to court and ask the judge to grant me a reinstatement so I can finish off my days during the work release program, which wont cost me anything.I have had to go to court once before to request reinstatement and was granted, however will the judge most likely grant me a second reinstatement due to my financial hardships? Please advise if this is a routine thing in the courts.
Criminal Defense Law Answers
To the extent that you have already been reinstated one time, the judge may not be very sympathetic. You can always ask for a "fee waiver" but my understanding is that the fees for electronic monitoring are set on a sliding scale and there may be a set minimum that the judge cannot undercut. It's good that you have not violated any other conditions of your probation, but the home monitoring is not a right. Be at court on time that day and wear your Sunday best. Good luck.
I can't tell you it will be "routine," but it's certainly something that I think would have a good chance to be granted. I'm assuming, here, that you haven't otherwise had any problems with your supervision. The fact that you went in and transferred out, when you lost your job, instead of just not making the payments, shows that you have approached this responsibly, and should help you get reinstated.
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