Sentence question

[suejersey]

My husband worked for a municipality. He was not able to get PTI because of it. He was convicted of theft and served 60 days in the Sheriff's Labor Assistance program. He has finished his probation.

One of the conditions of his conviction was that he could never work in municipal government again. However, the job he had was all he had done since he was 18 years old. He does not have a college degree and is now unemployed (he found a job right after his sentence but was laid off because of the economy).

Now I am wondering, is it legal for the judge to put a stipulation that he cannot work in muncipal government in that job area? It is like saying he can't make a living and take care of his family because that was what he did for 25 years and it's like having to start all over.

I am just wondering if it is worth talking to a lawyer about. Is there anything that can be done? He was convicted 3 years ago.

Thank you for any light you can shed on this for me.

[BKM]

The gavels down, there is nothing he can do now. He should have thought about the consequences and talked them over with his lawyer before he accepted the plea bargain. He could have taken his chances at trial if he really wanted to keep his job.

[suejersey]

The gavels down, there is nothing he can do now. He should have thought about the consequences and talked them over with his lawyer before he accepted the plea bargain. He could have taken his chances at trial if he really wanted to keep his job.


That wasn't part of the plea bargain. It was never brought up to us prior adjudication. It was a requirement that that judge added.

Of course he wanted to keep his job, but he forfeited THAT JOB for what he did, and rightfully so. But my question does the judge have the authority to say that he is barred from working in that field forever.

[BKM]

He should have appealed his sentence if the sentence was illegal or if it was higher than he and the prosecutor agreed to in a plea bargain, and the court agreed to the terms of the bargain before sentencing him. For a sentence to be illegal (which is rare), it has to be higher than that allowed by law. And even if it were illegal three years down the road is way to long to do something about it.

[suejersey]

He should have appealed his sentence if the sentence was illegal or if it was higher than he and the prosecutor agreed to in a plea bargain, and the court agreed to the terms of the bargain before sentencing him. For a sentence to be illegal (which is rare), it has to be higher than that allowed by law. And even if it were illegal three years down the road is way to long to do something about it.


So the judge barring him from work in that area was part of the sentence? I didn't understand that to be the case. I didn't think the sentence was illegal (actually I never said that) but wondered if a person can be barred from a type of employment.

[BKM]

If you want to talk to a lawyer about your husbands situation then contact one and make an appointment to meet with him. The first consultation is usually free. Make sure you bring any paper work from the court you have with you.