Can a judge impose punishment before a conviction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a judge impose punishment before a conviction?
My son was falsely accused of domestic violence. His jury trial is set for December. In the interim, the judge has ordered him to take anger management and substance abuse classes. Substance abuse was never an issue, however, he was told it goes hand in hand with domestic abuse. These classes are unaffordable. Can the judge impose a punishment before he has a day in court or a conviction?
Asked on November 10, 2010 under Criminal Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Of course punishment can not be imposed before you are convicted. But are you sure that this order is not contingent upon his taking a lesser plea? In other words, did his attorney agree to have him plead to a lesser charge and as a result of that plea take these courses were ordered? It is done all the time in DUI?DWI cases in New York. If this was not the case then he has a right to refuse the order, but I would have his attorney do it tactfully. Judges who do order this type of thing generally feel very empowered, so to speak, to do as they wish to resolve cases in their courts. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.