Probation Terms

My question involves criminal law for the state of: New York. I embezzled money from a former employer. Of course I was caught and charges were pressed. My reasoning fro embezzling had nothing to do with drugs or addictions of any sort, I was basically paying extra expenses that were not approved. Over a period of 10 years this added up to 89K. I paid the amount back in full and was sentenced to 16 weekends in jail and 5 yrs probation. I currently have a full time job, am single and own my own home. I am in a committed full time relationship with someone who is respected in the community and had dozens of letters written in support of my character. May original judge retired shortly after I pleaded guilty and accepted my plea deal. I was sentenced by the new incoming judge who admitted at sentencing that he was not overly familiar with my case but since we already had a plea deal in place he would honor it. The new judge is the one who gave me the terms of my probation. Besides the normal conditions he added a special condition that restricted me from drinking and entering bars. In doing some research I found this regarding special conditions in probation:

5. Other Conditions. When imposing a sentence of probation the court may, in addition to any conditions imposed pursuant to subdivision two, three and four of this section, require that the defendant comply with any other reasonable conditions the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the offense or to prevent the incarceration of the defendant.

How can he feel that this is a reasonable condition when it has absolutely no relationship to my criminal behavior?

I live in another county than that of where my crime was committed and my probation and my entire case has been transferred to my county of residency. I would like to pursue a second part time job and am thinking I could waitress, but this condition prohibits me. I really don;t want to get my lawyer involved as I can not afford another bill. At the suggestion of my probation officer I wrote the judge a letter asking him to consider removing this condition.

My questions are:

Will he respond or do anything without the formality of filing a motion or getting my lawyer involved?

Is there a good change that he will remove the condition since my charge had absolutely nothing to do with alcohol or drugs?


Any experience or input would be greatly appreciated.

Probation Terms